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Home My WebLink AboutSeeding Sports Field-PeconicAGREEMENT THIS AGREEMENT made this 5th day of April 2001~ between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, Southold, New York 11971 hereinafter called the "Town" and Gatz Landscaping, 1800 Sound Avenue, Mattituck, NY 11952, herein after called the "Contractor". WHEREAS, the Town of Southold did heretofore request and receive a bid from the Contractor for the grubbing, grading and seeding of a sports playing field at Peconic Lane Park, Peconic NY, in accordance with the plans and specification prepared by James Richter, Southold Town Engineering Department, dated March 14, 2001, in the amount of twelve thousand, six hundred and eighty dollars ($12,680.) and WHEREAS, the Town of Southold accepted the proposal of the Contractor on the 26th day of April 2001. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Contractor does hereby agree to perform all the work required to complete the grubbing, grading and seeding of the sports playing field at Peconic Lane Park, in according to the Invitation to Bidders, dated March 14, 2001, and annexed hereto and made part of this contract. 2. The Town does hereby agree to pay the Contractor for the work, the total sum of twelve thousand, six hundred and eighty dollars ($12,680.). The total sum is to be paid to the Contractor within forty-five (45) days of the completion of the said work and the acceptance thereof by the Town. 3. The Contractor shall secure and maintain such insurance that will protect him/her from claims under the Worker's Compensation Acts and from claims for bodily injury, death or property damage that may arise from the performance of his/her services under this Agreement, in limits of $1,000,000. and $2,000,000. aggregate liability for bodily injury and property damage. The Contractor shall indemnify and hold harmless the Town from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the alleged negligent performance or negligent performance by the Contractor, his employees or agents or any subcontractor and in case of any such action brought against the Town, the Contractor shall immediately take charge of and defend the same at his own cost and expense. In addition, the Contractor will name the Town as an additional insured on any applicable policies. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Town of Southold Je~ W. Cochran, Supe~ j/~ffz Landscaping ~ PROPOSALFORM NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 DATE: APR 5 2001 MEMBERS OF THE BOARD: Southold Town Clerk The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below;, that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: ~'%arch 14, 200] including bidding requirements, contract, · general and special conditions, .spec~cations, contract drawiags~ and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he wilt contract to furnish all materials not provided by the Town (See Specif'~.ations) and to perform all the work required to construct, perform and complete the work at: SEEDING OF (20,000 $.¥.) SPORTS PLAYING FIELD - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 11958 and all other work in connect'mn therewith~4n accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southcld Town Hall, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: This item will include all of the work required for the clearing, grubbing, grading and seeding of the sports field as outlined in the plans and specifications; and any other reasonably inferred Items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written In words) d~,V (written In/numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date~iving the bids. We the undersigned, further agree that.~?~is~l~lroposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town wil).~i~'15t or reject this prepesal or by mutual agreement may extend this time Signature ...~JJ/ Business ,.",.- (' . n ofSldder', -/ Address: I¥0g. J0 ld I%¥t llLt Date: O I Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fora district or any agency or official thereof for work or sen/ices performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices ir) this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of rastricting competition, as to any matter relating to such pdcas with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowihgly disclosed by the bidder and will no~ knbwiegly be disclosed by {he bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of rastricting competition. The person Signing this bid. or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this cortJfication, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a cerUfied copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name) (Name of Corporation) ~ authorized to sign and submit the bid or proposal of this corporation for the following Project: Seeding of a (20,000 $.Y.) Sports Playing Field - Peconic Lane Park PeconicLane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-co#usion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct /~ copy of the resolution adopted by /,*, ~_~' corporation at a meeting of the Board of Directors, held on the ~'/0 'P' day of ~ b~- (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 Seeding of Playing .Fi'eld E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: 1. I intend to use the following listed construction trades in the work under the contract_ and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II o[ these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to the, se Bid Conditions, these trades being: · ; and, I will obtain from each of my subcontractors and s~bmit to the contracting or administering agency prior to the award of~sdbcontractor under this contract the subcontractor certificati~ Bid Conditions. (Signatur~thorized Representative of Bidder) ~ Seeding of Playing Field F-1 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and matedal men, the following surety: Signed: jJ~/~' .~ (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Seeding of Playing Field G-1 INVITATION TO BIDDERS: GRUBBING GRAD ING & SEEDING OF A SPORTS PLAYING FIELD Peconic Lane Park Peconic Lane Peconic, New York 11958 DATE: March 14, 2001 ~~'~1 ~TI-%I SOUT.O,D TOW. /r"~ II ill ENGINEERING DEPARTMENT J I J-'/J t J/I Southold Town EaU, Southold, New Yod~ INVITATION TO BID PROJECT: Seeding of a (~0,000 S.Y.) Sports Playing Field - Peconic Lane Park Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for theseeding of a sports playing field @ Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New. York 11971. The proposal form will consist of individual construction items of work specified and detailed in the contract documents. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, NewYork 11971, until IO:OOAM, Thursday, ¢)PRIL § ,200 I. All specifications are provided herein: drawings to be attached. A fee often dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: JRt, 2,ot Zoo BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Seeding of Playing Field A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and mattem which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. Seeding of Playing Field B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. Seeding of Playing Field B-2 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than thirty (30) working days. Seeding of Playing Field B-3 INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions SupplementaP/General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept, of Labor Regulations DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Construction Facilities & Temporary Controls Substitutions DIVISION TWO - SITE WORK Site Preparation Site Grading & Seeding A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 1 E - 1 through E - 1 F - 1 through F - 1 AIA Document # A310 G - 1 through G - 1 AIA Document # A2.01 H - 1 through H - 2 K- 1 through K - 1 L - 1 through L - xx M - 1 through M - 2 N - 1 through N -8 1010- 1 through 1010- 1 1500 - 1 through 1500 - 1 1600 - 1 through 1600 - 2 2100 - 1 through 2100 - 1 2800 - 1 through 2200 - 2 INDEX TO DRAWINGS: SP - ! SITF~ PI~Jq (SEE ATTACHED) Seeding of Playing Field C~1 PROPOSAL FORM NAME OF BIDDER: DATE: TO: SOUTHOLD TOWN BOARD TOWN HALL - 5309S MAIN ROAD SOUTHOLD, NEWYORK 1'1971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned oWner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: ~'~arc]] 14, 200! including bidding requirements, contract, general and special bonditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SEEDING OF (:Z0,000 $.¥.) SPORTS PLAYING FIELD - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 1'1958 and all other work in connection therewith;-in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, Southold, New York 11971, and shall comply with ali the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: This item will include all of the work required for the clearing, grubbing, grading and seeding of the sports field as outlined in the plans and specifications; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature Business of Bidder: Address: Telephone Number: Date: Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with SectJon 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder pdor to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Seeding of a (:~0,000 $.Y.) Sports Playing Field - Peconic Lane Park PeconicLane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,19 __ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 75t, Sec. 103.<1, as amended effective September 1, 1965 (Signature) Seeding of Playing Field E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract_ ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part I of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, I will obtain from each of my subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) Seeding of Playing Field F-1 THE AMERICAN INSTITUTE OF AIA Document/L310 Bid Bond ARCHITECTS KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum o[ Dollars ($ ), for th'e payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presentsr WHEREAS, the Principal has submitted a bid for HOW, THEREFORE, it the Oblise~ shall accept the bid o( the Ptir~lpal and the Principal shall enter into · Contract with the Oblillee in accordance with the terms ot such bid, and i~ive such bond or bonds as may be specified in the blddin$ or Co~lract Documenls with 8ood and su~cient surely for the laithlul performance ol such Comract and for the prompt payment of labor and material furnished in the prosecution thereol, or in the .event of the latium of the Principal to enter such Co~tract and give such bond or bonds, if the Principal shall pay ~o the Obfl$~e the difference not to exceed the penalty hereol between the amount specified in said bid and such larser amount for which the Obtlgee'.may in 8oDd )alth contract with another party to perform the Work covered by said bid, then this obligatio*t shall be null and void, otherwise to remain in lull Iorce and effect. Signed and sealed this day of 19 (Witness) (Witness) tPrincipal) (Title) (Surety) (TiCle) (Seal) (Seal) OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed: (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Seeding of Playing Field G-1 T'H A M E R I C A N I N S T I T U T E 0 F A R C H I T E C T AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTAITON WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 1 1.INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document h~s been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925~ 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Arch0ects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without w0tten permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. ~1 CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not-he obscured as may occu~ when documents am replroduced. AIA* * © 1987 THE AMEnIC, AN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006 INDEX Acceptance of No~conformlng Work ......... 9,6.6,9.9.3,12.3 Acces$ to Work ....................... 3.16, 6.2.1, 12.1 Accident Prevention ........................... 4.2.3, 10 Actsand Omissions . . 32.l~ 3.2.2, 3.3.2, 3.12.8, 3,18, 4.2.3, 4.3.2, Addition al Cost, Claims for ....... 4.3.6,4.3.7,4.3.9,6.t.1, 10.3 Additior~al Inspections and Testing ....... 4.2.6,9.8.2, 12,2.1, 13.5 AddiOonal Time, Claims for ............. 4.3.6,4.3.8,4.3.9,8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3,4,9.4,9.5 Advertisement or Invitation to Bid ..... - ................. l.l .l Aesthetic Effect ............................... 4.2,13,4.5.1 Allowances ........................................ 3.8 AU-risk Insurance ................................ l 1.3.1.1 Ap~lk=eflon~ for Peymect .. 4.2.5, 7.3.7, 9.2, 9.$, 9.4, 9.5.1, 9.6.3, Approvals 2.4, 3.33, 3.5, 3.10.2, 3.12.4 througll 3.12.8, 3.18.3, A~'bltration .............. 4.1.4, 4.3.2, 4.3.4, 4.4.4, 4.5, Architect ............................... 4.1 Architect, Definition of ............................. 4.1.1 Architect, Extent of Authority ........ 2.4, 3.12.6, 4.2, 4.3.2, 4,3,6, Architech Limitations of Authority and Responsibilit y . 3.3.3,3.12.8, Archit act's Additio hal set vices and Expenses .......... Architect's AdmInistration ot the Contract ......... 4.2, 4.3.6, 4.37, 4.4, 9.4, 9.5 Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12,8.3.18.3,4.2.7 Architect'sAuthority to Reject Work .... 3.5.1,4.2.6, 12.1.2, 12.2.1 ArchSect's Copyright ................................. 1.3 Architect's lnstroctions .. 4.2.6,4.2.7,4.2.8,4.3.7,7.4.1, 12.1, 13.5.2 Architect '$ Interpretations ................. 4.2.11,4.2.12,4.3.7 Architect's On-Site Observations ........ 4,2.2,4.2.5,4.3,6,9,4.2, Architect's P roiect Representative .................... 4.2.10 Architect's Relationship with Contractor ....... 1.1.2, 3.2.1,3.2.2, Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, Archit ecCs Representations ................ 9.4.2,9.5.1,910.1 Asbestoa ................................. 10.1 Attorneys'Fees ....................... 3.18.1,9.10.2, I0.1.4 Award of Separate Contracts .......................... 6.1.1 Award of Subcontrects and Other Contracts for PorUons of the Work .............................. 5.2 Bask= Definltk=nc .................................... 1.1 Roller and Machinery Insurance ..................... 11.3.2 Bonds, Lien ...................................... 9.10.2 Bonds, Performance and Payment ..... 7.3.6.4, 9.10.3, 11.3.9, l 1.4 Building Permit ................................. 3.7.1 Capltallzatk=n ...................................... 1.4 Car tificate o f Substantial Completion .................. 9.8.2 Certificates for Payment ...... 4.2.5, 4.2.9, 9.3.3, 9,4, 9.5, 9.6. I, Certificates of lnspecOon, Testing or Approval .... 3.12.11,13.5,4 Certificates of Insurance ................. 9.3.2,9.10.2, 11.1,3 Change Ordain ...... 1.1,1,2.4 I, 3.8,24, 3.11,4.2.8, 4.3.3, 5,2,3, Change Orders, Definition o f ......................... 7.2.l Changes ........................................... 7.1 CHANGES IN THE WORK 3.11,4.2.8, 7', 8.3.1,9.3.1 .t, 10.1.3 Claim, Definition of .......................... : ...... 4.3.1 Claims and Disputes ................ 4.3,4.4,4.5,6.2.5,8.3.2, Claims and Tlme}y Assertion of Claims ................ 4.$.6 CIeI~ for Ad~it[o~l Coat ........ 4.3.6, 4,$.?, 4.3.9.6.1 .I, 10.3 Claims for Additk=n~l Time ............ 4,3.6,4.3.6,4.3.9,8.3.2 Claims for Concesled or Unknown Condltlona ........... 4.3.6 Claims for Damages...3.18, 4.3.9, 61.1, 62.5, 8.3.2, 9.5.1.2, 10.1.4 Claims Subject to Arbitration ................ 4.3.2, 4.4.4, 4,5.1 Cloanlng Up .................................. 3.15,6.3 Commencement of Statutoe/Llmltaflon Pa~od .......... 13.7 Commencement of the Work, Conditions Relating to ....... 2.1.2, Commencelnent of the Work, Definition of .............. 8.1.2 Communications Facilitating Contract Administration ........................ 3.9,1,4.2.4,5.2.1 Completion, Conditions RelaOng to ....... 3.11,3.15,4.2.2,4.2.9, COMPLETION, PAYMENTS AND ....................... 9 Completion, Substantial ...... 4.2.9, 43.5.2, 8.1.1,8.1.3, 8.2.3, Concealed or Unknown Conditions ................... 4.3.6 Conditions of the Contract .................. 1.1.1, 1.1.7,6.1.1 Consent, Written .................. 1.3.1, 3.12.8, 3.14.2, 4.1.2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4,6 Const r~ctton Change Directive, De finition o f ............. 7.3.1 Constr~ction Schedules, Cont rector's .............. 3.10,6.1.3 Contingent Aeslgnment of Subcontracts ................ 5.4 Continuing Contract Performance ............... 4.3.4 Contract, Defiflition of ...................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .............. 4.3.7, 5.4.1 1, 14 Cont tact Admlni~t ration .................... 3.3.3, 4, 9.4, 9.5 Cont tact Award and Execution, Conditions Relating to ..... 37.1, Contract Documents, The 1,1, 1.2, 7 Cont tact Documents, Copies Furnished and Use o f... 1.3, 2.2.5, 5.3 Contract Documents, Definition of ................. I. 1.1 Contract Performance Dudng Arbitration ........... 4.3.4,4.5.3 Contrect Sum .................. 3.8, 4.3.6, 4.3.7, 4.4.4, 5.2.3, Contract Sum, DefinlOon of .......................... 9.1, Contract Time ................ 4.3.6,4,3.8,4.4.4,7.2.1.3,7.3, Cont tact Time, Deflnl{k=n o f_ .......................... 8.1.1 2 A201-1987 WARNING: Unlicensed nhotocopyh~g violates U.S. copyright laws and Is sub~ect ~o legal prosecution. CONTRACTOR ...................................... 3 Contractor, Definition o f ........ .............. 3.1,6.1.2 Contrector's Co~t$ttuctlon Schedules ............ 3.10,6.1.3 Contractor's Liability Insurance ...................... 11.1 Contractor's Relationship with Sepaf3te Contractors and Owner's Forces ...... 2.2.6,3.12.5,3.14.2,4.2.4,6, 12.2.5 Contractor's Relationship wit h Subcont rectors ....... 1.2.4, 3.3.2, Contractor's Relationship with the Architect .. 1.1.2, 3.2.1,3.2.2, Contractor's Responsibility for Those Performing the Work ................. 3.3.2, 3.18, 4.2.3, 10 Contractor's Review of Contract Documents ...... 1.2.2, 3.2, 3.7.3 Contractor's Pdght to Stop the Work .................... 9.7 Contractor's Right to Terminate the Contract ............. 14.1 Contractor's Superintendent .................... 3.9, 10.2.6 Contractor's Supervision arid Constnlction Procedures .... 1.2.4, 3.3, 3.4, 4.23, 8.22, 8.2.3, I0 Contractual Liability Insurance ............... 1 t. l 1.7, 11.2 ] Coordination and Correlation .......... 1.2.2,12.4,3.3.1, Copies Furnished of Drawings and Specifications ... 1.3,2.2.5,3.11 Correction of Work ................... 2.3,2.4,4.2.1,9.8.2, Cost. DefiniOon of .......................... 7.3.6~ 14.3.5 Costs 2.4, 3.2.1,3.7.4, 3.8.2, 315.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2,3, CutUng anel Patching ........................... 3.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, Damage to the Work ..... 3.14.2,9.9.1, IO.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for .. 3.18, 4.3.9, 6. 1.1,6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Damages for Delay ................ :... 6.1.1, 8.3.3, 9.5.1.6, 9.7 Date o f Commencement of the Work, DeOnltion of ........ 8.1.2 Date o f Substantial Completion, Definition o f ............. 8.1.3 Day, Deficdtion of ................................... 8.1.4 Decisions to Withhold Certlflt:aUon ........ 9.5,9.7, 14.1.13 Defective or Nonconforming Work, Acceptance, Re}ection and Correction o f ............ 2.3, 24, 3.5.1,4.2.1, Defective Work, Definition of .................. 3.5.1 Disputes ............ 4.1.4, 4.3, 4.4, 4.5, 6.2.5, 6.3, 7.3.8, 9.3.12 Documenta and Samples at the Site ..................... 3.11 Drawings, Definition o f .............................. 1.1.5 Drawing.s and Specifications, Use and Ownership o f ..... 1.1.1,1.3, Duty ~o Review Contract Documents and Field Conditiom ..... 3.2 Effective Date of lnsu r'~qce ................. ; .... 8.2.2, 11.1.2 Emergencies ............................. 4.3.7,10.3 Employees, Contractor's ........ 3.3.2, 3.4.2, 3.8.1,3.9, 3.18.1, ExecuOon and Progress of the Work ....... I .t.3, 1.2.3, 3.2, 3.4.1, 3.5.1, 4.2.2, 42.3,4.3.4, 4.3.8,622, 71.3, Execution, Correlation e~ld Intent of the Contract Documents ..................... 1.2~ 3.71 FaSure of Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ............... 4.3.7, 9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ 4.2.1,4.2.9,4.3.2, Financial Arrangements, Owner's .................... 2.2.1 Fire and Extended Coverage Insurance ............... 11.3 GENERAl. PROVISIONS ........................... 1 Governing Law ............................ 13.1 Guarantees (See Warranty and Warranties) Hazardoo.s Materials ................. , .......... 10.l,10.2.4 Identification of Cont tact Documents ................... 1.2.1 Identification of Subcont rectors and Suppliers ............ 5.2.1. Information ~nd Services Required of the Owner ..... 2.1.2,2,2, Irqury or Damage to Person or Property ................ 4.3.9 Inspections ......................... 3.3.3, 3.3.4, 37.1,4.2.2, Ir~structions to the Contractor 3.8.1,4.2.8, 5.2.1,7, 12.1, 13.5.2 Insurance, Bo#er and Machinery .................. 11.3.2 Insuranca, Contractor's Liability ...................... 11.1 Insurance, Effective Date of ..................... 8.2.2, 11.1.2 IIIsurance, Le~ of Use ............................. 11.3.3 Insurance, Owns~e Liability .......................... 11.2 Insurance, Property ......................... 10.2.5,11.3 lr~urance, Stored Materials ................... 9.3.2, ]1.3.1.4 INSURANCE AND BONDS ............................ 11 Insurance Companies, Consent to Partial Occupancy . . 9.9.1, I t .3.11 Insurance Companies, Settlement with ................ ; l 1.3.10 Intent of the Contract Documents ............... 1.2.3, 3.12.4, 4.2.6. 4.2.7, 4.212, 4.2.13, 7.4 Interesl ...................................... 13.6 Interpretations, Written ............. 4.2.11,42.12,4.3.7 Joinder and ConsoEdation o f Claims RequireB .'. .......... 4.5.6 Judgment on Final Award ............... 4.5.1,4.5.4.1,4.5.7 Labor and Meteflal$, Equipment .... 1.1.3,1.1.6,3.4,3.5.1,3.8.2, Labor Disputes ............................... 8.3.1 Laws and Eegulations ....... 1.3, 3.6, 3.7, 3.13, 4. I. 1,4.5.5, 4.5.7, Limitation on Coneclldatlon or Jolnder ................ 4.5.5 Limitations, Statutesof .................. 4.5.4.2, 12.2.6, 13.7 Limitatlona of Authority .................... 3.3.1,4.1.2,4.2.1, A201-1987 3 Limitations of Time, General ........... 2.2.1,2.2.4,3.2.1,3.7.3, 4.3.3, 434,4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, Loss of Uns Inaurenns .............................11.3.3 Matc~rtal Suppliers .............. ].3.1,3.12.1,4.2.4,4.2.6,5.2.1, Materials, Hazardous ........................... lO.l, 10.2.4 Materials, Labor, Equipment and ..... 1.13,1.1.6,3.4,3.5.1,3.8.2, Means, Methods, Techniques, Sequences and Procedures of Construction ....... 3.3.1, 4.23, 4.2.7, 9.42 Minor Ohensns In th® Work .......... 1.1.1,4.28, 4.3.7, 7.1, ?.4 MI$OEkI_$,NEOUS pRO¥~$1ONS ..................... 13 Modifications, Definition of ........................ I.I. I Mutual Rnsponsibllity .............................. 6.2 Nonconforming Wod<, Acceptance of .................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, Notice ............ 23, 2~4, 3.2A, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, Notice, Written .............. 2.3, 2.4, 5.9, 3.12.8, 3.12.9, 4.3, Notiee o f Testing and Inspections ......... : ...... 13.5.1, 13.5.2 Notice to Proceed ................................... 8.2.2 Not|cna, Pemllts, F~s and ...... 2.2.3,3.7, 3.13,7.3.6.4, 10.2.2 Observa0ons, Architect's On-Sit e ................. 4.2.2,4.2.5, Observations, Contractor's ....................... 1.2.2,3.2.2 Occupancy .................... 9.6.6,9.8.1,9.9, 11.3.1t On-Site Inspections by the Architect ......... 4.2.2,4.2.9,4.3.6, On Site Observations by tbe Architect ....... 4.2.2, 4.2.5, 43.6, Orders, Written ............ 23, 3.9, 43.7.7, 8.2.2, 11.39, 12. l, OWNER 2 Owner, Definition o f ............................. 2.1 Owner, Informaffon and Services Required of the ........ 2.1.2, Owner's Authority ........ 38.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1, Owner's Financial Capability ................ 2.2.1, 14.1.1.5 Owner's Liability Insurance ........................ 11.2 Owner's Loss of Use Insurance ....................... I 1.3.3 Owner's Relationship with Subcontracto rs ............... 1.1.2, Owner's Right to Carry Out the Work ........ 2.4, 12.2.4,14.2.2.2 Owner's Right to Clean Up ........................... 6.3 Owner's Right to Perform Construction and to Award Separate Contracts .................... 6.1 Owner's Right to Stop the Work ............. 2.3,4.3.7 Owner's Eight to Suspend the Work ................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownership and Uae of Architect's Drawings, Specifications ParUal Occupancy or Uss ............... 9.6.6,9.9, 11.3.11 Patching, Cutting and ...................... 3.14,6.2.6 Patents, Royalties and .' ........................... 3.17 Payment, Applications for .............. 4.2.5,9.2,9.3,9.4, Payment, Cartifk~ate$ for ......... 4.2.5, 4.2.9, 9.3.3, 9.4, 9~5, Payment, Faliure of .......................4.3.7,9.5.1.3, Payment, Final ........... 42.1,4.2.9~ 4.3.2, 4.3.5~ 9A0, 11.1.2, Payment Bond, Performance Bond and .............. 7.3.6.4, Payments, Progress .................. 4.3.4,9.3,9.6, PAYMENTS AND COMPLETION .................... 9, 14 Payments to Subcont factors ................. 5.4.2,9.5.1.3, PCB ...................................... 10.1 Performance Bond and Payment Bond ................ 7.3.6~4, Permits, Fees and Notices ....... 2.2.3,3.7,3.13,7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinated Biphenyl ......................... IO.1 Product Data, De finition O f ......................... 3.12.2 Product Data a~ Samples, Shop Drawings .... 3.11,3.12,4.2.7 Progress and Completion .............. 4.2.2, 4.3.4, 8.2 Progress Payments ......................... 4.3.4,9.3, Pro}~t, Definition o f the .......................... :. 1.1.4 Pro~ot Mano~l, Definition of t he ..................... 1.1.7 Project Manuals .................................... 2.2.5 Pro}act Representatives-. ............................ 4.2.10 Property Insur~oce ........................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ . 1.3, 3.6, 3.7, 3.13, 4. l. I, 4.5.5, Rejection of Work ......................... 3.5.1,4.2.6,12.2 Releases of Waivers and Liens ...................... 9.10.2 Representations ...................... 1.2.2,3.5.1,3.12.7, Representatives ................... aA.l, 3.1.1,3.9, Rnsoluflon of Claims and Disputes ................ 4.q, 4.5 Responsibility for Those Performing the Work ......... 3.3.2, Retainage .............. 9.31,9.6.2, 9.8.3, 9.9.1,910.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor ........... t.2.2, 3.2, 3.7.3, 3.127 42.7, 4.2.9~ 5.2.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Sampies by Contractor ...................... 3.125 Rights and Remndlea ............ 1.1.2, 2.3, 2.4, 3.5.1, 3,15.2, Royaltle~ and Patents ............................... 3.17 4 A201-1987 Rules and Notices for Arbitration ..................... 4,5.2 Safety of Pers~s and Property ...................... 10.2 Safety Precautions and Programs ........... 4.23, 4.27, 10.1 Sacnples, De finttion o f .......................... 3.12.3 Samples, ShopDmwlngs, Produ~t Data and .., 3.11,3.12,4.2.7 Samples at the Site, Documenta and .............. 3.11 Schedule of Values ...................... 9.2,9.3.1 Schedules, Construction ...................... 3.10 Separate Contracts and Contractors .......... 1.1.4,314.2,4.2.4, Shop Drawings, Definition o f ......................... 3.12.1 Shop Drawings, product Data and Samples .... 3.11,3.12; 4.2.7 Site, Use of .............................. 3.13, 6.1.1,6.2.1 Site Inspections .. , 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9.10.1, 13.5 Site Visits, Archit ect's ................. 4.2.2,4.2.5,4.2,9,4.3.6, Special Inspections and Testing .............. 4.2.6, 12.2.1,13.5 Sp~:lficatio~, Definition o f the ....................... 1.1.6 Statutes of Limitations .................. 4.5.42, 12.2.6, 13.7 Stopping the Work ........... 2.3,4.3.7,97, 10.1.2, 10.3, 14.1 Stored Materials ....... 6,2.1,9.3.2, 10.2.1.2, 11.3.1 4, 12.2.4 Subcontractor, Definltio n o f ........................ 5.1.1 SUBCONTRACTORS .............................. 5 4.23, 5.3, 5.4 S u bOO ntr~:tu al Flelatio ns ............ 5.8,5.4,9.3.12,9.6.2, Su~'o~ation, WalYar8 of ................. 6.1.1, 11.3.5,1t.3.? Subaf~ntiel Co~Dletio n ............. 4.2.9, 4.3.5.2, 8.1.1,8.1.3, Substantial Corn pletion, Definition o f .................... 9.8.1 Substitution of Subcontractors ................. 5.23, 5.2.4 Substitution of the Architect ...................... 4.1.3 Substit utions o f Materlal~ .......................... 3.51 Sub-aubcont factor, Definition of ....................... 5.1.2 Subsur face Conditions ............................... 4.3.6 SUCO.~O~ and Assigns ............................ 13.2 Superintendent ............................... 3.8, 10.2.6 Supe~'lalon and Construction Procedures ...... 1.2.4, 3.3, 3.4, Surety .............. 4.4.1,44.4, 5.4.1.2, 9.10.2, 9.10.3, 14 2.2 Surety, Consent o f ...................... 9.9.1,9.10.2,9.10.3 Surveys ..................................... 22.2,3.18.3 Suspension by the Owner for Convenience ............ 14.3 Suspension of the Work ......... 43.7,5.4.2, 14 1.1.4, 14.3 Suspension Or Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 Tsxaa 3.6, 7.3.6.4 Termination by the Contractor ..................... 14.1 Termination by the Owner for Cause ...... 54.11,14.2 Termination of the Architect ...................... 41.3 Termination of the Contractor ................. 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ....... ~14 Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12 2. I, 13.5 TIME .......... · ..................................... 8 Time, Delays and Extensions of .............. 4.3.8,7.2.1,8.3. Time Llmtis on Claims ......... 4.3.2, 4.a.3, 4.3,6, 4.3.9, 4.4, 4.5 Tide to Work ................................. 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK ........... 12 UncoYerlng o1Wo~ .......................... 12.1 Unforeseen Conditions ............... 4.3.6, 8,3.1, 10.1 Value~, Sohed~lle o1 ........................... 9.2,9.3.1 Waiver of Claims: Final Payment ......... 4.3.5,4.5.1,9.10.3 Waiver of Claims by the Architect ................... 13.4.2 WaiverofCLaim$ by the Contractor ........ 9.104, I 1,37, 13.4.2 Waiver of Claims by the Owne~ .............. 43.5,4.5.1,9.9.3, Waiver of Liens ............................. 9.10.2 waivers of Subrogation ................. 6.1.1, I 1.3.5, 11.3,7 Wafrant~ and Warrant les ......................... 3.5,4.2.9, Weather Delays ................................ 4.3.8.2 When Arbitration May Be Demanded ............... 4.5.4 Work, Defi~qition of .............................. I.I.3 Wl'ltten Notice ........... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, Written Orders ........................... 2.3, 3.9, 4.3.7, AIA OOCI~4ENT A~OI · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA~ · ©I987THEAMERICANlNSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D,C 20006 A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINiTIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Spec~cations, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change In the Work issued by the Architect. Unless specifically enumerated in the AgreemeIlt, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con: tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrao tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to f~lfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may De the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1,6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the A~.reement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SRECIRCATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall De deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof f~rnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 WARNING: Unlicensed photocoovIn~ violates U.S. copvrlflht laws and Is sublect to legal prosecution. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shalI bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1,4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- ' bered ~tides and identified references to Paragraphs, Subpara- graphs and Clauses in the doCument or (3) the titles of other documents pubfished by the American Institute of Architects. 1.5 INTERPRETATION 1,5.1 In thc interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- des such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents az if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVIOES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reczsonable evidence were furnished on request prior to the execution of the Agreement, the prospective contractor would not be required to execute the Agreenu?nt or to commence the Work.] 2.2.2 The Owner shall furnish surveys describing physical chaIactedstics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2,2,4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Un[ess otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals az are reasonably necessary for execution of the Work, 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 1 1 (Insurance and Bonds), 2.3 · OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents az required by paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such mounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 3.1 CONTRACTOR DEFINITION 3.1.1 The Contractor is the person or entity identified az such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. WARNtNG: Unlicensed Ifl~otocoflylng violates U.S. eol~ht laws anti Is subject to legal pro~ee~lon. A201-1987 7 3.2 REVEW OF CONTRACT DOCUMENTS AND FIELD CONOITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefiilly study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the A~chitect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac~ tot shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION ANO CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention, The Contractor shall be solely responsible for and have control over construe tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. a.a.a ~Fhe Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Doctm'tents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection or, por- tions of Work already performed under this Contract to deter~ mine that such portions are in proper condition to receive sub sequer{t Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or uot incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carryhlg out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 8 A201-1987 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for danmge or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment 3.6 TAXES 3.6.1 The {~ontractor shall pay sales, consumer, use and sinallar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- t La fion$ concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modkfication. 3.7.4 If the Contractor perfornm Work knowing it to be con- tracy to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the, Architect and Owner, the Contractor shall assume full responsibility for sucb Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.g.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under :ua allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; · 3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance . amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shah be adiusted accordingly by Change Order. The amount of the Change Order shall reflect (l) the difference between actual costs and the allowances under Clause 3.8.2,2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten~ dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if giveo to the Con- tractor. Important communications shah be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work, The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent req¥ired by the Con- tract Documents, and shall provide for expeditious and practi cable execution of the Work. 3.10.2 The Contractor shall prepare artd keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable tinge to review submittals, 3,10.3 The Contractor shall conform to the most recent schedules, 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shah maintain at the site for the Owner one record copy of the Drawings, Specificarions, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittal& These ~hah be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work, 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion nf the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be jkldged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents, The purpose of their sub- mittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.$ The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect Such Work shall be in accordance with approved submittals. 3.12.? By approving and submitting Shop Drawings Product Data, Samples and stmllar submtnals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the thne of submittal and the Acchirect has given written approval to the specific deviation. The Contractor shah not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data~ Samples or similar submittals by the Archi: tect's approval thereoL 3.12.9 The Contractor shall direct specific attention, in writing ' or on resubmitted Shop Drawings, Product Data, Samples or sLqfilar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When pro fessi6nal certification of performance cdteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents arid shall not unreasonably encumber the site with materials or equipment, 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shah not dantage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be dnreasonably withheld, The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up a.s provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractdr shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES ANO PATENTS 3.17.1 Thc Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct ora particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement ora patent, the Contractor shall be responsible for such toss unless such information is promptly furnished to the Architect, 3.18 INDeMNIFiCATION 3.18.1 TO the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and agaiust claims, damages, losses and expenses, includ ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, glckness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resuhing therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against an)) person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend 5o the liability of the Architect, the ArchL tect's consultants, and agents al~d employees of any of them adsing, out of ( 1 ) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage, ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tiffed as such in the Agreement and is referred to throughout the Contract Documents as if singular in number, The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor'and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract DoCuments shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act orr behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2,2 The Architect will visit the site at inteivals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with thc Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Admlnlstra- tlon. Except as otherwise provided in the Contract Documents or when direct communications have been specially antho- rized, the Owner and Contractor shall endeavor to communi- gate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner, 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and wiU issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the ConLract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material m~d equipment suppliers, their agents or employees, or other persons perform lng portions of the Work. 4.2.? The Architect will review and approve or take other appropriate action upon the Contractor's submittals such ~ Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tats shall not relieve the Contractor of the obligations under paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwtse specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.1} The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for thc Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents, 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the forn~ of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CI.AIM$ AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation cfi Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4, A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of' the Work or (2) the extent to which the Work has been com~ pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Snbparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on C:lairca. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner, AIA DOCUMENT J~o1 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTIRUCTION · FOURTEENTH EDITION AIAe * ~) 1987 THE &MERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U,S. copyflght laws and la subject to legal prosecution. A201-1987 11 4.3,4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in wr!ting the Contractor shall proceed diligently with perfor mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3,5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .t liens, Claims, security interests or encumbrances aris lng out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ mareri- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing pa~ty shall be given to the other party prompdy before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or ConLt'act Time. or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Ciain~s by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjusm~ent in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Pmagraph 4.4. 4.a.? Claims [or Additional Co~t. If the Contractor wishes to make Claim for an increase in the Contract Sum, wdtten notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work iSsued by the Archi tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable groundS, Claim shall be filed in accordance with the procedure established herein, 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data 12 A201-1987 substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction, 4.3.9 Injury or Damage to Person or Property, If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 .The Architect will review Claims and take one or more of the following preliminary actions within tefi days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claicn. 4.4.2 Ifa Claim has been resolved, the Architect will prepare or obtain appropriate documentation, 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's pre[iminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 Ifa Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obllgar~d to, notify the surety and request the surety's assistance in resolving the controversy. 4,5 ARBITRATION 4,5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the Amedcan Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5, Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4,4,4 shall be subject to arbitration upon wdtten demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. 4.5.2 Rules and Notices for Adattraflon. claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Constmcrion Industry Arbitration Rules of the American Arbitration A~sociadon cur- rently in effect, unless the parties mutually agree otherwise. Notice di~ demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be Fried with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of(J) the date on whic~h the Architect has rendered a final written deci- sion pn thc Claim, (2) the tenth day after the parties have pre- sented evidence to thc Architect or have b~¢n given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the §ye events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) thc decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered b7 such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time l~nits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal Or equitable proceedings based on such Claim would be barred by the applicable statute of limRations as determined pursuant to Paragraph 13.7. 4.5.5 Umltatton on Coe-,:~otldatlon or Joinder. No arbitration arising out of or i'elating to the Contract Docunc~ents shall include, by.consolidation or }oinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parries other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other per~ons substantially involved irt a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration, No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Corksent to arbitration involving an additional person or entity shall not constitute consent to arbitration ora dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.6.6 Claims and Timely Assertion of Claims. A pa~y who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted tO be demanded. When a party ~aiis to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4,5.7 Judgment on Final Award. The award rendered by the arbitrator or arhitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A S~bcontractc~r is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Sub~:ontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub~ontractor or an authorized representative of the Su{Dcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. fl.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub subcontractor, 5.2 AWARD OF SUBCONTRACTS AND OTHER COHTRACTS FOR PORTIONS QF THE WORK 5.2.1 Unless otherwise stated in the Contract DOcuments or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties 0ncfuding those who are to furnish materials or equipment fabricated to a?peclal design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5,2,2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection, The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner of Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the differenee in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor-to enter into similar agreements with. Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of thc Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the ftght to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection w!th other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost Is involved because of such action by the Owndr, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 14 A201-1987 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutua/agreement. The constmction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have tbe same tights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate tht~ Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.,5 Cia/ms and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching ~s are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3,1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just, AIA DO~Ut~-~tI' A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ©IgSTTHEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, D,C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright lav~ and is subject to legal pmsecutlen. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under, appli cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. ?.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work'proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. ?.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of thc Contract consisting of addi liOns, deletions or other revisions, the Contract Sum and Con tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. ?.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated il/ the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable f'med or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7,3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, thg' method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costa for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labOr, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bOnds and insuraRce, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs ofsupervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 1.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7'.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjnstmenta, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. WARNING: Unlicensed photocopyleg vlo~tes U.S. copyright laws and Is subject to legal prosecution. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shaU not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined, 9.2 PROGRESS AND COMPLETION 8.2.1 Time fimil~ stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 9.2.9 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely corn mence operations on the site or elsewhere prior to the effective date of insurance required by Article 1 1 to be furoished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.9.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time, 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or ,~rchitect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may Sustify delay, then the Contract Time shall b~ extended by Change Order for such reasonable time aa the Architect may determine 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Cont tact Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9,2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in ~uch form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used aa a basis for reviewing the Contractor's Applica- tions for Payment, ' 9,3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such aa copies of requisitions from Subcontractors and material suppliers, and reflecting retalnage if provided for elsewhere in the Contract Documents, 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.9 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or materia~ supplier because ora dispute or other rea. son. 9,3,2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner'.s title to such matedals and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previousIy issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 Owner a Certificate for Payment, with a copy to the Contrac tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to th& Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor dance with the Contract Documents, The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor.is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, method$, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac tot bas used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made, If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable Filing of such claims; .3 failure of the Contractor to make payments prop erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .$ damage to the Owner or another contractor; .{5 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .? persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for a~nounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect, 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subeontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to m.-Lke payments to Sub-subcontractors in similar manner. 9.~[.3 The Architect will, on request, f~rnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of pot: tions of the Work done by such Subcontractor, 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.? FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is'the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Wo?k for its intended 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items ~on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determMe whether the Work or desig- WARNING: Unlicensed ~hotoco~'lng violates U,S. copyright laws and is r,~blect to legal prosecution. A201-1987 17 hated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not incfuded on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Complet!on of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.9 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in reta~age, if any, for such Work or por- tion thereof az provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tiafiy completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.1 I a~d authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy o~ use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial Occupancy or use ora portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, whed the Architect finds the Work accept- able under the Contract Documents and the Contract f~lly per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu~ ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a f~rther representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which th& Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect andwfll not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including ail cost~ and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by is$uanee of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than rerainage stipulated in the Con- tract Documents, and if bond$ have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. 18 A201-1987 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main raining and supervising all safety precautions and programs in connection with the performance of the Contract, 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing, The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of ~sbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with lmal determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychiorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such clainl, damage, loss or expense is attributable to bodily injury, sickness, disease or death, o~ to injury to or destruction of tangible property (other than the Work itsel0 including loss of use recruiting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in palt by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent dan~agc, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, cnstody or control of the Contractor ot the Contractor's Subcontractors ot Sub-sobcontrac- tots; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, stnlctures and utilities not designated for removal, relo- cation or replacement in the course of construction. 10.2,2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required bi, existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promplly remedy damage and loss (other than damage or loss insured under property in§urance required by the Contract Documents) to property referred to in Clauses 10.2.1,2 and 10.2,1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and t0.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2,6 The Contractor shat[ designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents, This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and A~chitect. 10.2.7 The Contractor shall not toad or permit any part of the construction or site to be loaded so as to endanger its safety, 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7 ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project {s located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a SubcOntractor or by anyone directly or indirecdy employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability bct~fit and other similar employee benefit acts which are applicable to the Work to be perfomled; A~ [X)C~I~I~NI' ~1 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION ArA~ · ©1987 THR/dfiERIC,Mq INSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, N.W.,WASHINGTON, I)C. 20006 A201-1987 19 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .8 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .$ dalms for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .$ claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use ora motor 4chicle; and .? claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- rained :filer Final payment· 11.1.3 Certificates of Insurance acceptable to the Owner shall be t~iled with the Owner prior to commencement of the Work· These Certif'tcates and the insurance policies required by this Paragraph fl.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice ha~ been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and we reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2, Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S UABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents 11.3 PROPERTY INSURANCE 11.3,1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- rained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment bas been made as provided in Paragraph 9.10 or until no person or entity 20 A201-1987 other than the Owner has an insurable interest in the property required by this Paragraph I 1.3 to be covered, whichever is earlier, This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work· 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in tile Contract Documents. 11.a.1.2 if the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencemeot of. the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- sub,contractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to put: chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto· 11..1.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles· 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit.' 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in the Work, and the Owner and Contractor shall be named insureds, 11.3.3 1o0s o! Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insuta~ce as will insure the Owner against loss of use of the Owner's property · due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused· 11,-1.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. WARNING: Unlicer~sed t)hotoco~ylng violates U.S. copyright lava and I$ sub~t to legal prosecution. 11.3.5 If during the Project construction period the Owner insures properties, real or persOnal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 B~for¢ an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall coota~ all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project, Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Walvem of Subrogation. The Owner and Contractor waive all rights against (l) each other and any of their subcon tractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in A~ticle 6, if any, and any of their sub- contractors, sub-subcoruractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciatT. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the porson or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fidociary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured I0~, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4,5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection he made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that ca.se, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise, The Owner and the Contsactor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance, 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4,1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4,2 Upon the request of any person or entity appearing to be a potential beneficiary' of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or tO requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifacally requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor, If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to confurm to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, inc{uding additional testing and [nspe¢- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the d~te A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract DOcuments, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of writtert notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of thne between Substan- tial Completion and the act0al performance of the Work. This obligation under this Subparagraph 12.2,2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner, 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceed~ thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2,5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specifid obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract DOcuments may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. 22 ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13,2 SUCCESSORS AND ASSIGNS 13.2.1 Thc Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13,4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law, 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, an.d shall bear all related costs of tests, inspections and approvals, The Contractor shall give the Architect tisnely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded, 13.5.2 If the Architect, Owner or public autho/ities having jurisdiction determine that pOrtinns of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5. I, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and Enachin- cry thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2,4 ~f thc unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and .expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay thc differ~eoee to thc Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contr:ict. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order thc Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 3.n adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, Caused by suspension, delay or interrup tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under anoihcr provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 AIA [3OCU[g~' ~'01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCFION · FOURTEENTH EDITION AIA~ * © 19Fl7 THE AMERICAN INSTITUTE OF ARCHITECTS, t 735 NEW YORK AVENOE, N W, WASHINGTON, D C 200(~6 WARNIHG: U~#censed Dhotoco~Vln(3 violates U.S. col~rl<lht laws a~d is su~lect to legal ~secution. 3/87 SUPPLEMENTARY GENERALCONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE I through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) (2) (3) (4) (5) (6) Premises - Operations Independent Contractors Protective. Products and Completed Operations. Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. Owned, non-owned, and hired motor vehicles. Broad form coverage for property damage, 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. Seeding of Playing Field H-1 .2 .3 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence - $1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION Seeding of Playing Field H-2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (OwnedContracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. ,20__ and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its __ this day of ,20 . Attest: Principal: Seeding of Playing Field K-t PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for SEEDING OF PLAYING FIELD at Peconic Lane Park Peconic Lane PECONIC, NEWYORK 11958 Seeding of Playing Field L-1 NEH YORK STATE DEPARTMENT DF LABOR. BUREAU OF PUBLIC'WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 122q0 SCHEDULE 2000A Bate 01/17/01 T/O SBUTHOLD JAMES HCHAHON PO BOX 1179, TOHN HALL SOUTHOLD NY 11971 PRC OlO0~ql SUFFOLK COUNTY Location and Type of Pro~ect PROJECT ID #: NONE GRADE/SEED A 6.1 ACRE SPORTS PLAYING FIELD PECONIC LANE, T/O SOUTHOLD O1 In response to your request~ enclosed is the schedule of the prevailing hourly wage Pa±es and the prevazling hourly supplements for the above project, together with copies of the Notice of Contract Let (PH-16) for your use. THE SCHEDULES MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROJECT HHEN IT IS ADVERTISED FOR BIDS. These schedules have been prepared and forwarded in accordance Hith Article 8 of the NYS Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and Hages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedu'les with the Department having.jurisdiction. . The attached rates are based on the latest information available to the Department of Labor, Bureau of PubIic Hork. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the Public Hork contractor to use the proper ra~e. If ~here is a question on the proper classification to be used, please call ~he district office located nearest the pro~ect. This schedule is effective from July 1, 2000 ~hrough June 50, 2001. A new updated scheduIe will automatically be mailed to you each July I until we are ~ot]fled ~ha~ the pro3ect is co~leted or canceled. Note: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAH REQUIRES THE DEPT. OF JURISDICTION TO RECEIVE AND MAINTAIN HONTHLY TRANSCRIPTS OF PAYROLL RE~OED$ PUR [HREE YEARS FROM THE DATE OF COMPLETION OF THE HORK IN THE AHARDED CONTRACT. Very truly Yours, Kevin E. Jones DIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancellation or comple*ion of this pro~ect, enter ±he necessary information and return this page ~o Bureau of Public Work, Bldg. 12, Rm. 150 SOBC, Albany, NY 122~0. PROJECT HAS BEEN COMPLETED/CANCELED: Da~e Signature Title For additional information, contacA our local Dis*PiCt Offices: Albany (5181 ~57-27Q~ Syracuse (~151 ~28-~056 Bingham~on (607) 721-8005 Rochester (7161 258-q505 Buffalo (7161 8q7-7159 U~ica (5151 795-251~ Hemps~ead (5161 ~85-~878 Hhite Plains (91q) 997-9507 New York City (2121 552-6088 PM-200 (7-00) CONTRACT REQUIREMENTS~ Each public work con,fac% ~o which *he $~a~e~ a public benefi~ corporation, a municipal corporation or a co~misszon appointed pursuant to lan is a party and which may involve the employment of laborers, wor~ers or mechanics, shall comply with the requirements of Article 8 ($ectlons 220-225) of the New York Sta~e Labor Law: 1. No laborer, worker oP mechanic in the employ of the contrac~or~ subcontractor or other person doing or contracting to do the whole or a par~ of ~he Hork contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one Heek except in the e×traordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. 2. Each laborer~ worker or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages as indicated on the Hage schedule provided by the Department, Bureau of Public Hork. The prevailing rate of wage shall be annually determined no later than thirty days prior to July 1st of each year. The prevailing rate of wage for the perzod commencing July first of such year through June thirtie*h, inclusive of the following year shall be the rate of wage set forth in collective bargaining agreements for the same period, including those increases for such period which are directly .ascertainable from such collective bargaining egraements. (See Sections Z20.3~ 220.5) It shall be the duty o~ the department of ~urisdlction file with the ~iscal o~ficer, the classification o~ workers mechanics and laborers to be employed on a public work pro~ect, together with a statement of the work to be performed by each classification. (See Section The contractor and every subcontractor shall post in a prominent and accessible place at the Hork site a statemen~ of all wage rates and supplements ~o be paid or provided for the various classes of mechanics, workers oP laborers. (See Section 5o No employee shall be deemed to be an apprentice unless individually registered with the New York State Department of Labor. The allowable ratio o~ apprentices to ~ourney- level workers in any craft classification shall no~ be ~reater than the ratio permitted to the contractor as to zts work force on any ~ob under the registered program. Any employee who is not registered as above, shall be paid or provided the prevailin9 wage and supplement rate ~or the ~ourney level classification o~ work actually performed. The contractor or subcontractor will be requzred to furnish written evidence of registration of its program and apprentices as well as of the appropriate ratios and Hage and supplement rates for the area of construction, 'prior to using apprentices on the contrac~ work. (See Section Z20.3-e) 6. (al No contractor) subcontractor, nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex or natzonal origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the relates. (See Section (b) No contractor~ subcontractor~ nor any person acting on its behalf, shall in any manner, discrimznate against or intimidate any employee on account of race, creed~ color~ disability, sex or national origin. (See Section 220-e(b)) Note: The Human Rights Law also prohibits discrimination in employment because of age, marital status or religion. (c) There may be deducted from the amount payable to the contractor under the contrac~ a penal~y of fifty dollars ~or each calendar day during which such person Has discriminated against or intimidated in violation o~ ~he provisions of the contract. (Section 220-e(c)) (d) 7. (al (b) The conkrac± may be, cancelled, or kermipaked by the S~ake or municipaliky, and all moneys due or ko become due~ ~hereunder may be forfei±ed, for a second or anysubsequen~ violation of khe kerms or conditions of ~he an±idiscrimina~ion sections of ~he con±rac~, (See Seckion 220-e(d)) All conkrac~ors or kheir subconkrac~ors shall provide ko ~heir subcon~rac±ors a cop~ of khe prevailing Hage ra~e schedule specified in khe public Hork con~rac~ as Hell as any subsequenkly issued schedules. A failure ~o provide ~hese schedules by a con~rackor or subconkrac±or is a viola±ion of Article 8 or khe Labor LaN. (See Section 220-e(d)) All subcontractors engaged by a public improvemen~ conkrac~or or iks subcontractor, upon receip~ of ~he original schedule and any subsequently issued schedules, shall provide ~o such con~rackor a verified s~a~emen~ a~es~ing ~ha~ khe subcon~rackor has received ~he wage schedule and will pay or provide khe applicable ra~e of wages and supplements specified ~herein. (See Section Z20-a) PH-~ (8-99). ATTENTION: ALL CONTRACTORS AND SUBCON~RACTORS~. ENGAGED ON PUBLIC HORK PROJECTS IN NEH YORK STATE~ INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects. HOURS: A laborer, worker or mechanic is permitted to work on a public work projec~ no more than eight hours a day and no more then five days in a week, except in case of extraordinary emergency such as a fire, flood or danger ±o life or property. You may apply to the Bureau of Public Hork for a DISPENSATION permitting workers to work additional hours or days per weak on a particular public work project. MAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers end mechanics employed on a public work proSect shall be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the project has not been provided to the prime contractor by the department of .jurisdiction (i.e., the governmental entity awarding ~he public work contract), or to a subcontractor by the prime contractor~ the applicable schedule must be obtained ~rom the D~ertment of Jurisdiction~ who must make writ±er application to ±he Bureau of Publzc Hork, Labor Department, Building No. 12, State Office Building Campus, Albany, New York 122~0. The prime contractor is responsible for any underpayments of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS': Every contractor and'subcontractor mus* keep originais or transcripts of payroll records, showing for each person employed on public work, the following: 1. Name 2. Address and phone number $. Social Security Number, q. Occupational classification in which worked, 5. Hourly wage rate paid Supplements provided 7. Daily and weekly number of hours worked in each classification B. Oeductions made 9. Actual wages paid. Hhen payroll records are requested by the Commissioner~ each payroll record must be affirmed as true under ~he penalties of perjury whzch means a notorized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds ~2S,000. All other contractors and subcontractors must, within 5 days after a request, produce at the work site the original payrolls or transcrzpts. Every contractor and subcontractor shall submit to the Dept. of Jurisdiction withzn thrity days after issuance of it's firs~ payroll, and every thirty days thereafter, e ~ranscript of the ~ payroi1 records, subscribed and affirmed as true under penalty o~y. as provided by Article B, Section 220, o~ the NYS Labor Law. The DEPARTMENT OF JURISDICTION shall receive and maintain such payroll records. The original payrolls and ~ranscripts must be preserved for ~hree years from the date of comp~e~ion of the pro~ect. POSTING: The current prevailing rate schedule must be posted in a prominent end accessible place on the site of the public work project. APPRENTICES: Employees cannot be paid apprentice rates if they are not individually registered under a program or agreement registered with the Commissioner of Labor. The contractor or subcontractor will be required to furnish written evidence of the reglstra~ion of its program end apprentices and of the appropriate ratio. The allowable ratio of appren*ices to journeymen in any craft classification can be no greater than the ratio permitted to the contractor or subcontractor as to i~s work force on any ~ob under the registered program. An employee listed on a payroll es an apprentice, who is no~ registered as above, must be paid the prevazling journeyman's wage rate for that classification of work. . (See attached sheet detailing Apprentice to Journeyman ratios) HI~HHOLDING OF PAYMENTS: Hhen a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or ahen the Commissioner of Labor believes that unpaid wages or supplements may be due. payments on the public work contract may be withheld from the prime contractor in a sufficient amount to satisfy the alleged unpaid wages and supplements~ including interest and civil penalty~ pending a final determination. INTEREST AND PENALTIES: If an underpayment of wages or supplements is found, interest must be added at the rate then in effect prescribed by the Superintendent of Banks pursuant to section 14-a of the banking law per annum from the date of underpayment to the date of the new paymeo~, and may atso include the imposition of a civil penal~y not to exceed 2SZ of the amount due. OEBARMENT: Hhen final determinations have been made against a contractor or subcontractor in two instances within a six-year perio~ determining that it willfully failed to pay or provide the prevazling rate of wages or supplements, · or if ~here is one Nilful vi~la~ion ±ha~ involve~ f~lsifica~ion of payroll records or kickback of Nages, such con,fac±or or ~ubcon~rac~or Nill be ineligible ~o bid on or be aHarded a public ~ork con~rac~ for a period of five years from ~he second final determination. CRIMINAL SANCTIONS: Hillful violations of ~he Prevailing Hage LaN (Article 8 of ~he Labor LaN) cons*i*u~e a misdemeanor punishable by fine or imprisonment, or bo*h, DISCRIMINATION: No employee or applican~ for employmen~ may be discriminated agains* on accoun* of age, race, creed, color~ na~ionai.origin~ sex~ disability or mari±al s~a~us. Every employer sub~ec~ ~o ~he NaN York S~a*e Human Rights Law mus~ conspicuously pos* a~ l~s offices, places of employmen{ or employmen{ {raining cen~ers, no{ices furnished by {he S~a*e Division of Human Rights. ~0STING OF OTHER NOTICES: Every employer providing ~orker's compensation insurance and disabili{y benefi%s mus{ pos± in a conspicuous place no~ices of such coverage in a form prescribed by {he Norkers' Compensa{ion Board. Employers liable for con{ribu~ions under ~he Unemploymen~ Insurance LaN mus{ conspicuously pos~ no{ices furnished by {he S~a~e Oepar{men~ of Labor. PH 19 (7-99) docm: le{~er2b NOTICE OF NEW PREVAILING WAGE RATE PUBLICATIONS APPLICABLE TO ALL COUNTIES (~) AS NOTED ON PREVAILING RATE SCHEDULES PAGES, The annual determination of ~he prevailing ra~es of wages and supplements ~or workers employed on pubiic work proSec~s ±6roughou~ ~he s~a~e will be published on May 3ls~ of each year. These new re,es wil! be in effec~ July Ahru June 50~h. This nan determination Hill supersede ~he original schedule or any prior issued annual determination. I* is ~he responsibility of ~he con,racking agency or i±s agen±s ~o provide al) prevailing ra~e schedules ~o con,fac*ors immediately upon receipt. Any ra*e chan~e from a previously issued de±ermina~ion becomes effective is~r regardless of whe±her ~he new de~ermzna~ion has been recezved by the Hhen you review ~he schedule for a particular occupa~ion~ your a~en~ion should be directed ±o ~he da~es above ~he column of re±es. These are ~he da±es ~ha~ additional ad~us~men±s become effective. PW'202 (~-95) docm: le~±erd VERIFYING THE REGISTRATION APPRENTICES. Certain S~a~e and Federal Laws require ~ha~ apprentices mus~ be individually registered as such in order ~o be paid apprenticeship ra~es on Public Hork. The NeH York Labor Depar~men~ is ~he o~ficial registration agency for appren~ides in New York S~a~e. No o~her Federal or S~a~e Agency or office registers apprentices in New York S~a~e. Each year ~he apprentice ±raining central office in Albany receives hundreds of requests from Federal and S~a~e Agencies~ Con~rac~orsz and o~her interested par~ies requesting verification of individual apprentice registrations. The following information is provided in order ±o clarify New York S~a~e procedures. All registered apprentices in New York S~a~e are individually registered by name. address, social security number, s~ar±ing da~e of ~raining, and other rela~ed da~a. This information is computerized and is available ONLY ~hrough ~he Albany Apprentice Training Central Office. Persons wishing ~o verify ~he apprentice registration of any individual should write ~o ~he Senior Employment Consultant, New York S~ate Depar~men~ of Labor, Job Service and Training Division, Building 12, S*a~e Office Building Campus, Albany, New York 12240. All'inquiries MUST include-name and social security number and will be answered in writing. The response will indicate whether or no~ ~he individual is regis~ereS, and if so, will provide o~her per~inen~ information regarding ~he regis~ra±ion. The only conclusive proof of individual apprentice registration is written verification from ~he Albany Apprentice Training Central Office. Neither Federal nor S~a~a Apprentice Training Offices outside Alban~ can provide conclusive registration information. I~ should be noted tha~ ~he existence of a registered apprenticeship program is no~ conclusive proof ~ha~ any individual is registered in ~ha~ program. Furthermore, ~he existence or possession of waile~ cards, identification cards or copies of sta~e ~orms are no~ conclusive proof of ~he registration of any individual as an apprentice. PW-20$ (7-gg) docm: let~er2e NEW YORK STATE DEPT, OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 T/O SOUTHOI-D Schedule Type JANES HCMAHON PO BOX 1179, TO~N HALL SOU*'I~DLD NY 11971 SI.J~--FOLt( COUHT Y NAT. OF PROJECT: TOHN OTHER RECOI~, HATNT , REPAIR , ALT Date COHPLETE 2000A 01/17/01 Prevailing Rate Case No. Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec. 220.3a of the Labor Law requires that certain information be furnished to the Commissioner of Labor. Accordingly, you MUST complete ONE of these requests for EACH prime contract let immediately upon no{trying a successful bidder for Ihis Public Work project. Phctocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) [] Letter of Intent [] Contract Signed [] Resolution Work to be done by this prime contractor: Type of Contract: CHECK APPLICABLE TYPE [] (01) General Construction [] (02) HcatingNentilation [] (03) Electrical [] (04) Plumbing [] (05) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer IdentificaUon Number: Name: Address: CONTRACTOR'S TELEPHONE #: ( ) - City: Amount of Contract Approximate Completion Date: / t Estimated Date Entire Project Will be Completed: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) [] (01) General Construction [] (02) HeafingNentilation [] (04) Plumbing [] (05) Other Signature PW-16 State: Approximate Starling Date: Zip: / / [] (03) Electrical Date Page 1 Prevailing Ra~e ScheduI~' ,NeH York State Department of Labor .................................. Case Number .................................. OlO03ql SUFFOLK Z000A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information listed beloH is provided to assist you in the interpretation of particular requirements, for each classification of Horker, contained in the attached Schedule of Prevailing Rates. PAID HOLIDAYS Paid Holidays are days for Hhich an eligible employee receives a regular day's pay, but is not required to perform Horz. Note: If an employee Horks on a day listed as a paid holiday~ this remuneration is in addition to payment of the required prevailing rate for the Hork actually performed. OVERTIME Overtime holiday pay is the premium pay that is required for Hork performed on specified holidays. It is o~ly required Hhere the employee actually performs Hork on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required ra~e of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. SUPPLEMENTAL BENEFITS Particular attention should be given ~o the supplemental benefit requirements. Although in most cases the payment or provision of supplements is for each hour Horked, some classifications require the payment or provision of supplements for each hour paid (this may include paid holzdays on Hhich no HoPE is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours Horked. EFFECTIVE DATES Hhen you review the schedule for a particular ~rade or occupation, our attention should be d~rected to the date above ~he column(s) of rates. ~his is the date on Hhich ~he rate become effective. The rate listed is valid until the nex~ effective rate change or until the non annual determination. Hhich takes effect on July 1 of each year. All contractors and subcontractors are required to pay the curren~ prevailing rates of wages and supplements. The department of ~urisdiction is required to provide a copy of the current annual determination. Should you have questions~ please con,act the Bureau of Public Hork or visit the NYS Depar(ment of Labor"s Heb site at HHw.labor.state.ny.us for current Hage rate information. HORKERS COMPENSATION In accordance Nith Section lqZ of the State Finance Law. the contractor shall maintain coverage under the iife of ~he contract fo~ the benefit o~ such employees as required by the provisions of the New York State Horkers~ Compensation Law. -Contractor to be aHarded contract must provide proof of Horkers' Compensation coverage prior to being alloHed to oegin Hork. -The policy of insurance must be issued by a company authorized to provide Horkers~ Compensation coverage in this sta~e. Page 2 Prevailing Rate Schedule New York State Department of Labor ~ ................................. Case Number .................................. 0100~1 SUFFOLK 2000A -Proof of coverage must be on form C-105.2 (Certificate of Horkers' Compensation Insurance) and must name this agency as a certififcate holder. -If New York State coverage is added to an existing out of state policy, it can only be added to a policy of a company authorized to Hrite Horkers' Compensation coverage zn this state, and the coverage must be listed under item ~A of the information page. -The contract must maintain pPoof that subcontractors doing Hork covered under this contract secure and maintain a Horkers~ Compensation policy for all employees working in New York State. If you have any questions concerning the attached schedule or would like additional informatzon, please contact nearest BUREAU of PUBLIC HORK District Office or Hrite to the NEH YORK STATE DEPARTMENT of LABOR. BUREAU of PUBLIC HORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEH YORK 122~0. District Office Locations: Teleohone# Bureau of Public Hork - Albany Bureab of Public Hork Binghamton Bureau Of Public Hork Buffalo Bureau of Public Hork - Hempstead Bureau of Public Hork Rochester Bureau of Public Hork - Syracuse Bureau of Public Hork Utica Bureau of Public Hork - Hhite Piains Bureau of Public Hork - NeH York City Bureau of Public Hork Central Office 518-~57-27~ 607-721-8005' 716-8~7-7159 516-~85-~878 716-258-~505 315-qZ8-q056 315-795-231~ 91q-997-9507 212-352-6088 518-~57-5589 FAX # 518-q85-O2qO 607-721-800q 716-8~7-7650 516-q85-0322 716-258-q708 315-q28-q671 515-795-23q2 91~-997-9523 212-352-6186 518-~85-1870 (7/06/99) OVkNllMb Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section. A ) Time and one half of the hourly rate after 7 hours per day. A) Time and one half of the hourly rate after 7 and one half hours per day. BA) Time and one half of the hourly rate after 8 hours per day. BI) Time and one half of the hourly rate for the 9th S 10th hours week days and the 1st B hours on Saturday. Double the hourly rate for all additional hours. [1~ Double the hourly rate after 7 hours per day. Double the hourIy rate after 7 and one half hours per day. D ) Double the hourly rate after 8 hours per day. D1) Double the hourly rate after g hours per day. E )El) Time and one half of the hourly rate on Saturday. Time and one half 1st ~ hours on Saturday. Double the hourly rate all additional Saturday hours. (E2) Saturday may be used as a make-up day at straight time when a day is lost durzng ~h~ Heek due ~o inclement Heather. (E~) BetHeen November 1st and March ~rd Saturday may be used as a make-up day at s~raigh~ ~ime when a day is lost durin~ tha~ Heekdue ~o inclemen~ Heather, provided a given employee has Horked between i6 and 32 hours tha~ Heek. (Eq) Saturday and Sunday may be used as a make-up day a± straight time Page 3 Prevailing Rate Schedule 'New York State Department of Labor .................................. Case Number .................................. OlO0$ql SUFFOLK 2000A when a day is los~ ducine that week due to inclement Heather. F Time and one half of the hourly rate on Saturday and Sunday. Time and one half of the hourly rate on Saturday and Holidays. Time and one half of the hourly rate on Saturday, Sunday, and Holidays. I Time and one half of the hourly rate on Sunday. J Time and one half of the hourly rate on Sunday and Holidays. Time and one half of the hourly ra~e on Holidays. Double the hourly rate on Saturday. Double the hourly rate on Saturday and Sunday. Double the hourly rate on Saturday and Holidays. Double the hourly rate on Sunday. Double the hourly rate on Saturday, Sunday, and Holidays. Double the hourly rate on Sunday and Holidays. Double *he hourly rate on Holidays. ~1) Two and one half times the hourly rate for Holidays. if worked. THo and one half times the hourly rate the first 8 hours on Sunday or Hoilidays. One and one half times the hourly rate all additional hours. ~ ) Triple the hourly rate for Holidays, if .orked. ) Four times the hourly rate for Holidays. if worked. V ) Including benefits at SAME PREMIUM as shown for overtime. H ) Time and one half for benefits on all overtime hours. NOTE: BENEFITS are PER HOUR HORKED, for each hour worked, unless otherwise noted HOLIDAYS PAID Paid Holidays are days for which an eligible amployee receives a regular day's pay, but is not requlred to perform work. Note: If an employee works on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rata for the work actually performed. OVERTIME Ovartime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. Following is an explanation of the code(s) listed in the HOLIDAY section of each classification contained in the attached schedule. The Holldays as listed below are to be paid at the wage rates at which the employee is normally classified. 1 None. 2 Labor Day. Memorial Day and July qth. i Memorial Day and Labor Day. Memorial Day, July 4th, and Labor Da~. New Year's Oay~ Thanksgiving Day, and Christmas Day. Lincoln's Birthday, Hashlngton~s Birthday, and Veterans Day. Good Friday, Lincoln's Birthday. lO Hashington's Birthday. 11 Columbus Day. 12 Election Day. Page ~ .~ Prevailing ~ate Schedule New York Stake Department of Labor r ................................. Case Number .................................. 01003~1 SUFFOLK 2000A 15 15 16 17 18 19 20 21 22 23 2~ 25 26 Presidential Election Day. 1/2 Day on Presidential Election Day. Veterans Day. Day after Thanksgiving Day. July q~h. . ~ 1/2 Day before ChrisTmas uay. 1/2 Day before NeH Years Day. Thanksgiving Day. New Year~s Day. Christmas Day. Day before Christmas. Day before New Year~s Day. Presidents~ Day. Martin Luther King, Jr. Day. ASBESIO5 HURKER HAGES(per hour) 1/01/00- 7/01/00- 6/$0/00 12/31/00 Asbestos Horker ....... $ 33,06 $ 5q.06 OVERTIME: See ( C, O, T~, V ) on OVERTIME PAGE. ~ overtime code T applies to Labor Day only if worked. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 9, 11, 15, 16, 25 ) on HOLIDAY PAGE. For Rem./Abatement: See ( 1 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's 80X SUPPLEMENTAL BENEFITS:(per hour worked) Journeymen $ 19.69 ~ 19.69 Apprentices Same % as Same % as wages of wages of $ 19.69 $ 19.69 HAGES (per hour) 6/01/99- 5/31/00 Rem./Abatement only~ .... $ 22.00 MOn mechanicial systems that are not to be scrapped. OVERTIHE: Rem./Abatement: Time and One-Half after 8 hours per day and after 5 ~ork days per Heek. Rem & Abatement $ q. O0 9-12 BOILERMAKER Page 5 Prevailing Ra~e Schedule 'New York Sta~e Department of Labor .................................. Case Number .................................. 01003ql SUPFOLK 2000A HAGES(per hour) 7-01-00- g-01-00- 8-31-00 8-31-01 Boilermakec ........... $ 3A.O0 $ 3q.92 9-01-01- 8-~1-02 55.86 OVERTIME PAY: See ( D, E, Q ) on OVERTIME PAGE. HOLIDAYS= PAID: See ( 8, 16, 23, 2q ) on HOLIDAY PAGE. IME: See ( q, 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( . 8hZ 95X SUPPLEMENTAL BENEFITS: (per hour worked) $ 4.21 + $ q.34 + q7 % of q7 Z of Hage ra~e Hage ra~e 1/2 ) year terms at the following percentage of 5ourneyman~s ~ 4.3q + 47 % of wage ra~e CARPENTER HAGES(per hour) Building: MillHrighi ........... 7/01/99- 1/01/00- 7/01/00- 12/31/99 6/30/00 12/31/00 26.8q Addi~. Addi~. $ .96/hr. $1.20/hr. OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: PAID: OVERTIHE: See ( 18, 19 ) on HOLIDAY PAGE. See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for IsA & Znd yr. Appreniices See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. ~PPRENT~CES: ( 1 ) year *arms a~ the following percentage of Journeyman's Hage. bbX 6bX 15~ 95% SUPPLEMSNTAL BENEFIT$=(per hour paid) Journeyman $ 23.59 ~pr ls~ term 15.94 Appr 2nd ~erm 17.35 Appr 3rd ~erm 19.q2 Page 6 Prevailing R~te Sdhedule' New York State Departmen( of Labor ................................... Case Number .................................. OlO03ql SUFFOLK 2000A Appr qth term 21.53 9-7q0 CARPENTER HAGES(peP hour) 1/01/00 7/01/00 Carpet/Resilien~ Floor Coverer ......... OVERTIME PAY: See ( B, E, Q ) HOLIDAYS: PAID: PAID: OVERTIHE: ~PPRENTICES: ~. 2nd. qO% 32.22 Addit. $1.16/hr. on OVERTIME PAGE. See ( 18, 19 ) on HOLIDAY PAGE. See ( 5, 6, 11, 13, 16, 18, 19, 25 ) for ls~ & 2nd yr. Apprentices See ( 5, 6, 11, 13, ~6, 18, 19, 25 ) on HOLIDAY PAGE. ( 1 ) year term~ at ~he folloHing percentage of Journeyman's wage. 3pd. 4~h. 6b~ 80z SUPPLEMENTAL BENEFITS:(per hour Horked) - See BeloH. HAGES(per hour) 7/01/99 7/01/00 Piledriver ........... $ 3Z.15 Addi~. Dockbuilder .......... 32.15 $$.00/hr. 9-2287 OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. : See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 15, 16, 18, 19, 25 ) for ls* & 2nd yr. Apprentices OVERTIHE: See ( 5, 6, 11, 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ±erms a~ *he following percentage of Journeyman's qOZ 50Z 6hZ SUPPLEMENTAL BENEFITS: (per hour paid) 9-1q56 CAMPENTER HAGES(per hour) 7/01/99 - See Below. 7/01/00 Marine Cons±ruction: Marine D~ver .......... $ 38.70 Addi~. Page 7 Prevailing Rate Schedule ~ew York State Department of Labor .................................. Case Number .................................. OlO05ql SUFPOLK 2000A " " Tender .... 28.67 Addit. $2.84/hr, OVERTIHE PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIO~YS: ?AlO: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 10, 11, 15, OVERTIME: See ( 5, 6, 10, 11, 15, SUPPLEMENTAL BENEFITS:(per hour paid) CARP~NIE~ HAGES(per hour) 7/01/99 7/01/00 Timberman ......... $ 28.85 Addle. $2.85/hr. 16, 18, 19 ) for 1st 8 2nd yr. Apprentices 16, 18, 19 ) on HOLIDAY PAGE. - See Below. 9-1q56/D OVERTIME: See ( B, E, EZ, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See 18, 19 ) on HOLIDAY PAGE. PAID: See 5, 6, 11, 15, 16, 18, 19, 25 ) for 1st 8 2nd yr. Apprentices OVERTIME: See 5, 6, 11, 15, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms a( the following percentage of Journeyman's . wa e. 80X SUPPLEMENTAL BENEFITS:(per hour paid) - See BeloN. 9-1556H CARPENTER The folloH~ng Supplemental Benefits apply to the preceding Carpenter categories and/or Occupational ±itles unless otherN~se noted. 1/01/00 SUPPLEMENTAL BENEFITS;(per hour paid) Journeyman $ 21.65 A~prentices 15.55 CAEPENIER HAGES (per hour) Building: Carpenter ............... $ 52.19 7-01-00- 6-30-01- 9-NYC/Supp Page B ~ Prevailing Rate Schedule ~ew York S~ate Department of Labor .................................. Case Number .................................. OlO05ql SUFFOLK 2000A Heavy/Highway= Carpenter ............... ~ 52.63 OVERTIME PAY= See ( B, E, Q ) on OVERTIME PAGE. HOLIDAYS: PAID' See ( ~IME: See APPRENTICES 1st yr 2nd Yr ~rd yr q±h Yr on HOLIDAY PAGE. 5, 6, 10, 16 ) on HOLIDAY PAGE. 1 ) year terms at the folloHing Hages. Heavy/Highway Building $ 13.23 $ 13.05 17. Zo.q0 Zb.17 2q.81 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman ' $ 20.02 Appr 1st & Znd ~erms 13.50 Appr 3rd & 4th terms ZO.OZ ELEVA1UE HAGES (pep hour) 7/01/99 Elevator Constructor ..... ~ 3q.q15 "' Hodern. & service... 28.575 q-SUF Apprentice: (6) month terms at the following percentage of Journeyman's wage. l~t Znd 3~% qth 5th 6~% 7th. 8~h 9~h lgth 50% 60Z 70% 7hZ 75% lb% 7b% 75X OVE~TTHE PAY:CONSTR. See ( C, 0 ) on OVERTIME PAGE. OVEHTIME PAY:MODERN./SERV. See ( B, H ) on OVERTIME PAGE. HO~8¥S~ee-- ( 5, 6, 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME= See ( 5, 6~ 7~ 11~ 16 ) on HOLIDAY PAGE. SUPPL{MENTAL BENEFITS=(per hour worked) Journeyman/Apprentice: Construction $ 10.855 Modern./Service 10.705 9-1 .GLAZIER Page 9 Prevailing Ra~e Schedule New York S~a~e Depar~men~ of Labor ~ ................................. Case Number .................................. OlO03ql SUFFOLK 2000A HAGES(per hour) 6701700 Glazier .............. $ 29.50 OVERTIHE PAY: See ( C, 0 ) on OVERTIHE PAGE. HOL~:See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a~ ~he folowing percentage of JourneymanTs Hage. SUPPLEHENTAL BENEFITS:(per hour worked) Journeyman $ 18.07 Appr ls~ ±erm 5.67 Appr 2nd ~erm 6.67 Appr 3rd ~erm 9.46 Appr 4~h ~erm 13.22 9-1087 (DC9 HYC) ELECIMICIAN HAGES (per hour) Electrician ............ Fire Alarm ............. Audio/Sound ............ 7-01-00- 6-$0-01 35.25 35.25 35.25 OVFR!I~E P~Y: See ( B, Q, V~ ) on Overtime Page. NOTE:ON NEH YORK STATE DEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT MANDATED HORK HHEN OFF SHIFT HORK IS REQUIRED,THE FOLLOHING PREHIUM RATES OF PAY SHALL BE IN EFFECT~ SHING SHIFT 4:30 P.M.~o 12:30 A.M ..... $ 41.36 GRAVEYARD SHIFT 12:~0 A.H.~o 8:A.H ........ 46.33 HOL~pAYS: ~ See ( 1 ) on HOLIDAY PAGE. O~ERTIHE: See (5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year ~erms a~ ~he following percentage Of Journeyman's Hage. SUPPLEHENTAL BENEFITS: (percents based on gross Hages-o~hers per hour) Page '10 Prevailing Rate Schedule 'NeH York State Department of Labor .................................. Case Number .................................. OlO0$ql SUFFOLK 2000A Journeyman 45.5Z + App 3rd yr q~.5% + $ 5.q3~ App 4th yr ~3.5~ + $ 5.q3~ App 6th yr ~3.5Z + $ 5.~3~ PUMP 8 TANK HORK 7-01-00 6-01-01- 6-01-02- 5-31-01 5-31-02 5-31-03 -JOURNEYMAN ....... ' $29.22 $30.10 $31.30 OVERTIME; See ( ~, Q ) on OVERTIME PAGE. HOLIDAYS: Paid Overtime ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. Apprentices: One ( 1 ) year terms at the folloHing percent of journeymans rate. 1st 2nd 3rd ~th 5th qO% 50% 60% 70% 85% Supplemental Benefits : per hour Horked. 50 1/2% of hourly rate q-25 Prevailing Rate Schedur6' Page 11 'NeH York State Department of Labor .................................. Case Number .................................. OlO0$ql SUFFOLK 2000A EL~CIEICIAN For utility distribution & transmission line construction. HAGES (per hour) 7-01-00- 9-$0-00 Lineman / Splicec ............... $ 31.00 Matecial Man .................... 26.47 Heavy Equip. Oper ............... 24.80 Groundman ....................... 18.60 Flagman ......................... 13.95 OVERTIME PAY: See ( B, Q ) on OVERTIME PAGE. lO;_O{;_o oO[ O-Ol-Ol 9-30-02 ~; 1.10 adtl $ 1.20 adtl HOLIDAYS: 09/ERT ME:PA~=ISee ( 5, 6, 8, 9, 10~ 11 ) on Holiday page.' See ( 1 ) on Overtime Page. ~ APPRENTICES: 1000 hour periods at the folloHing percentage of ~ourneyman,s Hage. 85~ 90Z SUPPLEMENTAL BENEFITS: (percents based on gross Hages-others per hour) 3.59+9 22.5Z Underground Natural Gasline Mechanic: ( 2" or less ) 7-01-00- 3-01-01- $-01-02- 2-28-01 2-28-02 2-28-0~ Journeyman U.G.Hechanic .... $ 25.75 $ 26.6~ $ 27.52 OVERTIHE: See ( 8, E, E2, P ) HOLIDAYS:: PAID: See ( 5, 6, 8, 9. lO, Il, 16 ) on Holiday Page. OVERTIHE: See (1 ) on Overtime Page. Supplemental Benefits: ( per hour Horked ) $ $.61+ $ 4.00+ $ 4.00+ 22% 22.5% 23Z ELEC1NIC1AN 4-1049 tine Applicable to electrical maintenance of existing electrical systems including~ Page Prevailing Ra~e Schedule New York S~a~e Depar~men~ of Labor L ................................. Case Number .................................. 0100341 SUFFOLK 2000A bu~ no~ limited ~o, ~raffic signals and s~ree~ lighting. WAGES (per hour) 7-01-00- 5-01-01- 4-30-01 4-30-02 Electrician $ 28.50 ~ 29.30 OVERTIME PAY= See ( B, H, ) on OVERTIME PAGE. "0~TS~ee (1) on HOLIDAY PAGE. DVEMIIME= See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APP~ENTIOE$: ( I ) ~ear ~erms m~ ~he followimg wage. &s~ 20~ 5rd 4~h' B~h ' 40% bO% 60% 70% 80% SUPPLEMENTAL BENEFITS: (per hour worked) $ 11.69 + $ 12,25 + 32 of wage 3% o~ wage TRIHHER - L~ne Clearance $~ec~al~s~ 7-01-00- 12-30-00- 12-29-00 1-05-02 HAGES: ( per hour ) .............. t 19.50 $ 19.99 OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 8, 9, 10, 11, 16, ) on HOLIDAY PAGE. OVERTIME= See ( 1 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 3.87+ $ 4.12+ 12.5% 12.5 IRONHORKER HAGES(per hour) 1/01/99- 6/50/99 S~ruo~ural ........... $ 57.70 Riggers .............. 37.70 4-25m TREE 1-06-02- 6-30-02 $ 2O.44 4.37+ 12.5% 4-1049 Page Prevailing Rate Schedule ,New York State Department of Labor .................................. Case Number .................................. 01003~1 SUFFOLK 2000A Machinery Movers ..... 37.70 " " Erectors... $7.70 OVERTIME PAY: See ( B, E~ Q, V ) on OVERTIME PAGE. ~ for 1st 8 hours, double time thereafter. ~ee ( 18, 19 ) on HOLIDAY PAGE. OVERTIME~ See ( 5~ 6, 8, 18, I9 ) on HOLIDAY PAGE. APPRENTICES: [ 1/2 ) year terms at the following wage. 1st. ~nd. 3rd. 4th. 21-75th'b 21./5 $ 20.bb 21.15 21.lb Z1.75 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 22.33 Apprenfices 17.88 IRONHORKER ~GES(per hour~ 7/01/9~- Reinforcin~ S Metal Lathing .......... $ 31.45 OVERTINE PAY: See ( C, O, V ) on OVERTIME PAGE. HOLlOAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 13, 18, 19 ) on HOLIDAY PAGE. APPRENTICES:( 1 ) year terms at the following wage rates. $21.~6 $2q.82 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 17.q8 Appr 1st term 10.68 2nd ±erm 11.68 3rd term 1S.68 qth term 16.68 1NUNHORKER H~GE$(per hour) 01/01/00- 6/30/00 Ornamental ............. $ 35.54 Chain Link Fence ....... 35.54 9-q0/361 9-46 Page i4 Prevailing Rate Schedule New York State Department of Labor .................................. Casa Number .................................. OlO03ql SUFFOLK 2000A Guiderail Installation. 55.54 OVERTIME PAY: See ( A, D1, EX, 9, V ) on OVERTIME PAGE. ~Double time after 7 hours on Saturday. HOLIDAYS: PA1B: See ( 1 on HOLIDAY PAGE. OVERTIME: See 5, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2) year terms at the following percentage of Journeyman's 70~ 95Z SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 18.66 Appr 1st term 19.01 Appr 2nd term 19.59 Appr 5rd term 20.15 Appr 4th te~m 21.29 Appr 5th term 21.87 Appr 6th term 22.99 9-580 LABORER HAGSS (per hour) Build~ng Laborer: Except Abatement ...... For Abatement See Below OVERTIME PAY: See ( A, E, HOLIDAYS~ ~ See ( 1 ) on HOLIDAY PAGE. [ME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 15.49 Abatement Only ........ 07-01-00- 11-50-00 Hages ..................... $ 21.q5 Suoplemental Benefits ( per hour worked ) LABORER - HEAVY/HIGHHAY Laborer (Heavy/HighNay): Group # 1: Asphalt Rakers and Formsetters. 07/01/99- 07/01/00- 06/50/00 06/50/01 $ 22.55 $ 1.58 adtl. Q ) on OVERTIME PAGE. 07/01/01- 06/30/02 $ 1.45 adtl 12-01-00- 12-01-01- 12-01-02- 11-30-01 11-$0-02 11-30-05 1.55 adtl. $ 1.00 adtl. $ 1.00 adtl. 4-66 Page 15 Prevailing Rate Schedule ~New York Sta±e Department of Labor .................................. Case Number .................................. OlO05ql SUFFOLK 2000A Group # 2: Asphalt Shovelers, Roller Boys and Tampers. Group # 3: Basic Laborer, PoHer Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. HASES (per hour) 6-01-00- 6-Ol-O1- 6-01-02- 5-31-01 5-31-02 5-31-03 Heavy/HighHay Laborer: Group # 1 ............. Group # 2 ............. Group # $ 26.67 $ 1.q5 adtl. $ 1.50 adtl. 26.06 1.q2 " 1.q7 " NOTE= PREMIUM PAY 20% on straight time hours for HEH YORK STATE D.O.T and other GOVERNMENTAL MANDATED off-shift ~ork. Apprentices: ( i ) year ~erms at ~he folloHing percentages of journeymans ls~ year .......... 80% 2nd year .......... 90% OVERTIME PAY: See ( B, ~ E2 ) ~n OVERTIME PAGE. ~ee ( 1 ) on HOLIOAY PAGE. OVERTIME: See ( I ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour ~orked) $ 15.q2 MASON~Bu~ld~na HAGEn[per hour) 1/01/00 Building: Marble/ SaHyer, Rubber S Polisher ............ ~ 29.98 Harble Restoration Finishers ............. 15.07 ~-1298 OVERTIME ~AY: See ( A, E, Q, V ) on OVERTIME PAGE. P~D HULIUAY: Journeymen receive 1/2 days pay for Labor Day. Cleaner. Mazn~enance and 1ST three terms of Apprentices See ( 5, 6, 11 15 ) on HOLIDAY PAGE. ' All others See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, ~ ll, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the foiloHing percentage o~ Journeyman's ~e.55Z20~ 60xSrd 6bx~th ~ ~90x7th ~ SUPPLENENTAL BENEFITS:(per hour Horked) Journeyman $ 12.55 Cleaner/Haintenance Z.~O AppP 5.80 + Nage percentage of $ 6,09 Page 16 New York S~a~e Prevailing Ra~e ScheduIe' Depar~men~ of Labor .................................. Case Number .................................. Ol003qI SUFFOLK 2000A 9-7/2q HASDN - Building HAGES(par hour) 1/01/00- 7/01/00- 6/30/00 12/31/00 Building: Bricklayer .......... $ 33.22 3q.27 OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) ~erms a~ ~he ~ollowing percentage of Journeymants ls~ ~H~ 3rd ~*h 5TH (500 Hfs) 6T .rs) (500 50% /0% 80Z 90× 95~ SUPPLEMENTAL BENEFITS:{per h~ud Horked) Journeyman $ 15.56 15.61 /~4~pr 8.33 8.3S 9-1Brk HASON-Bulldznq Unz± Pavznq Hork~ ~ Shall include bu~ no~ limited ~o: ~ired clay brick pavers, pre-cas~ con- cre~e slabs (london ~alks), pressed concrete pavers{ cobble s~one, all ~ypes of flagging~ asphal~ concrete pavers- asphal~zc cemen~ sand and s±one aggregate, uni~ sa~e~y surface. HAGES{per hour) 8101/99 Journeyman .............. $ 2q.12 Apprentice ( one year ~erm ) .... 20.27 OVERTIME PAY: See ( B, E, Q ) on OVERTIME PAGE. HOLiDAY~: PA~D: Sea ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 10.76 AppP 6.08 9-1 Paver ?LASIEHER5 - SKIMCOAIING HAGES(per hour) 7/01/2000 2/07/2001 2/06/2002 Journeyman ........... $ 27.00 27.50 28.50 Page 17 'New York State Prevailing Rate Schedule Department of Labor .................................. Case Number .................................. OlO03ql SUFFOLK 2000A OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, lB, 18 , 19 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms a~ the foiloHing percentage of journeyman's Hage. 1st 2nd 5rd 4th 5th 6th 5b% 60~70% SUPPLEMENTAL BENEFITS=(per hour Horked) Journeyman $15.52 $1q.38 ~1q.55 Appr Same percentage as Hage. MASON - Pointer/Caulker/Cieaner HAGES(per hour) 7/01/99- 6/30/00 Pointer, Cleaner,~ Caulker (Mason) ..... $ 28.20 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( ! ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25, 26 ) on HOLIDAY PAGE. APPRENTICES: ( i ) year terms at the folloHing Hage rates. 1st 2nd 3rd ~ $15,00 17.Zb Zl.O0 50 SUPPLEMENTAL BENEFITS:(per hour Horked) Journeyman $ 12.65 Appr 1st term 2.50 Appr 2nd term 2.75 Appr 5rd term q.50 Appr ~th term 6.50 MASON HAGES(per hour) 7/01/99 7/01/00 Cement Mason ......... $ 35.00 Addit. $2.00/hr. OVERTIME PAY: See ( C, O~ V ) on OVERTIHE PAGE. ~ee ( 1 ) on HOLIDAY PAGE. 9-530 9-1PCC Page lB Prevailing Ra*e Schedule New York S~a~e Depar~men± of Labor .................................. Case Number .................................. OlOOSql SUFFOLK ZOOOA OVERTIME: See ( 5, 6, 8, 11, IS, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ~erms at ~he ~oilowing percentage of Journeyman's wages and fringes. 6~ 50% 70% SUPPLEMENTAL BENEFITS:(per hour worked) $ lq.iS 9-780 MASON-Buzldino ~A~ES (per hour) 1/01/00- 6/S0/00 Building: Mosaic ~ Terrazzo Horker,..$ S1.S8 " Hel~er...$ S0.07 See ( A E, O, V~ ) on OVERTIME PAGE. OVERTIME PAY: ~ $ 5.q~ added ~o supplements, HOLIDAYS: PAIO: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, 16, 25 ) on HOLIOAY PAGE. 9-202P MASON - Buzldsno HAGE$(per hour) 7/01/99 Building: Plasterer ............ $ 29.S7 OVERTIME PAY: See ( A, G, P, V ) on oVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( S, 6, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the foiloHing percentage of 5ourneyman's SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman ~ 12.25 Appr ls~ ~hree months 0.00 All o~her Appr Page 19 ' NeH York Sta~e Prevailing Rate ScheduI~ Departmen~ of Labor .................................. Case Number .................................. OlO0$ql SUFPOLK 2000A SUPPLEMENTAL BENEFITS:(per hour ~orked) $ 15.35 MASON - Building HAtES(per hour) Building: TiIe Layer ........... 11/01/99 31.26 9-7/3 OVERTIME PAY: See ( A, 0 ) on OVERTIHE PAGE. HOLIDAYS: PAID: See ( I ) on HOLIDAY PAGE. OVERTIHE: See ( 5, 6, 8, lO, II, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)~erms a~ the foIIoHiog percentage of ~ourneyman~s wage. SUPPLEMENTAL BENEFITS:(per hour worked) $ 1~.82 MASON - Bulldznq HAtES(per hour) Building: Tile Layer Helper ~ Finzsher ....... OVERTIME PAY: See ( A, E, Q ) HOLIDAYS: PAiU: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, lI, 15, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) $ 12.~8 12/01/99 26.2q ON OVERTIME PAGE. IRONHORKEN HAGES(per hour) 1/01/00- 7/01/00- 6/30/00 12/31/00 9-7/52 9-7/88 Derrickman/Rigger .... $ 33.01 $ 33.01 Page 20 Prevailing Rate Schedule · New York S±a~e Department of Labor .................................. Case Number .................................. OlO0$ql SUFFOLK ZO00A OVERTIME PAY= See ( C, O, V ) on OVERTIME PAGE. "O t TS ee on HOLIOAY PAGE. OVERTIHE= See f 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES= ( 1/2 ) year terms at the following percentage of journeyman's wage. 70~ BOZ SUPPLEMENTAL BEN£FITS:(per hour worked) $ Z~,~ $ 9-197 MASON - Buzldzno MACES(per hour) 1/01/00 Building: Marble Cutters 8 Setters ............. $ 3q.88 OVERTIME PAY: See ( B, O, V ) on OVERTIME PAGE attached. P~ID HOLIDAY: Journeymen receive 1/2 days pay for Labor Day. A~prentice$ iSt ~hree terms See f 5, 6/ 8, ll, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. All others See ( 1 ) on HOLIDAY PAGE. OVERTIHE: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: wage. 1st 20~ bOX 55X ( 1/2 ) year terms at the following percentage of ~ourneyman's Srd qth 5th 65X 70Z BOX SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15.65 Ap~r 5.90 + wage percentage of $ g.75 9-7/q MASON-Buildine HAGES(per hour) 1/01/00 M~rble-Riggers~ Crane ~ Derrickman...$ 28.72 OV~RTIHE ~6Y: See ( C, O, V ) on OVERTIME PAGE. ?AlO [tULIDAY: 1/2 Day for Labor Day. OVERTIME: See ( 5, 6, 8, ll, 15, 25 ) on OVERTIME PAGE. Page 21 Prevailing Ra~e Schedule New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. OlOOSql SUPFOLK 2000A SUPPLEMENTAL BENEFITS:(per hour worked) $ 16.82 PAINiER ANU DNYHALL FiNISHEN H4GES (per hour) 7-01-00- 6-30-01 Brush. Paper Hanger,Taper $ 26.05- S~ruc~ural S~eel ......... S3.6S Spray, Scaffold(Sandblas~ 28.47 Repaznt/Renovatzon ....... 20.89~ 9-7/20 ~Addi~ional $2.00 per hr. for Hanging Scaffold, Spray, Sandblas~ing~ and Rolling Scaffold 20' and over. Lead Aba±omen± a~ same ra~e as classzflca~ion. OVSRTIME PAY: See ( A, E, K ~ on OVERTINE PAGE. UVEMIIME PAY-Repain~/Renova%ion: See ( B ) on OVERTIME PAGE. ~See 09TERTr~zu:IME: ( 1 ) on HOLIDAY PAGE. See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( i )IS~year ~ermsda~2n ~he follo.ing ra~es. ~rd Brush $ 10.73 16.01 19.11 Sea~f./SB ll.Sq 17.GZ 21.09 S~ruc.S~l. 1Z,gq 19.2q 2S.08 Rp~/Ren. 10.73 16.01 19.11 SUPPLEMENTAL BENEFITS: (per hour Horked) Rp~/Ren. Journeyman $ 1S.~7 All other Journeyman 13.~7 Appr ls~ year 4.76 Appr all o~her ~erms 10.18 4-1486 PLUMBER HAGES (per hour)7-01-O0- 11-01-00- 5-01-01- 10-31-00 4-30-01 10-S1-01 Plumber ..... $ S4.73 $ 35.q3 $ $6.13 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a~ ~he folio~ing ra~es. 11-01-01- 5-01-02- 11-01-02- ~-30-02 10-31-02 q-SO-03 $ 36.83 $ 37.53 $ 38.28 Page 22 Prevailing Ra~'Scheddl~ NeH York S~ate Departmen~ of Labor .................................. Case Number .................................. OlO03ql SUFFOLK 2000A 1st year ...... $ 13.61 $ 13.89 $ lq. Ii $ 1q.35 $ lq.57 $ lq.83 2nd year ...... 17.19 17.54 17.87 18.20 18.53 18.88 3rd year ...... 22.qq 22.89 23.39 23.90 2q.33 2q.80 4th year ...... 2q.17 2q.66 25.20 25.7q 26.20 26.70 5~h year ...... 25.96 26.48 27.08 27.68 28.20 28.76 SUPPLEMENTAL BENEFITS: (Der hour Horked~) Journeyman $ 16.80 $ 16.95 $ 17,55 $ 18.15 $ 18.75 Appr 1st term 10.lq 10.20 10,50 10.78 11.08 Appr 2nd term 11.80 11.88 12,20 12.52 12.8q Appr 3rd term 11.98 12.08 12,q3 12.77 13.19 AppP qth term 12,69 12.80 13,17 13.5q 13,99 Appr 5~h ~erm 15.07 13.19 13,57 13.95 lq.ql ~5unday and Holiday Benefits paid at Oouble Time ra~e. PUMP 8 TANK HORK 7-01-00- 6-01-01- 5-31-01 5-31-02' Journeyman ................. $ 30.03 $ 51.60 Overtime: ( B, E, Q ) on Overtime Pege. Holidays: Paid ( 1 ) Overtime ( 5, 6, 9, 10, 16 ) on Holiday Page. Apprentices: One year ~erms a~ the folloHing rates; ~p: 1st yr ................ $ 11.75 $ 12.22 p: 2nd yr ................ 15.6q App: 3rd yr ................ 18.95 App: q~h yr ................ 22.21 Mechanic: .................. 27.57 18.95 14.98 18.10 21.18 26.27 serviceman: ................ 18.10 Supplemental Benefits ; per hour wbrked. Journeyman ................. $ 1~.36 $ 15,61 App. 1st yr ................ 6.ql 6.66 App. 2nd yr ................ 7.72 7.97 App. 3rd yr ................ 9.13 9.38 App. 4th yr ................ 10.59 10.Sq Mechanic: .................. 12.31 12.56 Servicemen: ................ 9.13 9.38 19.30 ll.3q i3.1q 13.57 lq.qO lq.83 q-200 SIEAMPITIEN HAGES(peP hour) 12/29/99 Steam Fi~er .......... $ 36.30 Sprinkler Fitter ...... 36.30 Page 23 Prevailing Rate Schedule · New York State Depertment of Labor .................................. Case Number .................................. OlO0$ql SU~POLK ~O00A Per Hork on Temporery Hea~ & Air ~onditioning ....... $ Z7.88 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 18, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( t ) year ~erms a~ ~he following percentage of Journeyman's qO% 50% 6b% 80% SUPPLEMENTAL BENEFITS:(per hour paid) For Work on Temporary Heat & Ai~ condi~ionzng Apprentices 18.75 + .3q per hour worked 15.~q + .36 per hour worked ~erm perce~*age of 18.75 plus .3~ per hour worked 9-638A STbAMPITTER WAGES(per hour) 7701/00 Steamfitter ......... $ 23.55 Refrigeration, A/C, Oil Burner and Stoker Service and Installations, limited on Refrigeration to combined comPressors up to five (5) horsepower, and on A/C Heating and Air Cooling Ao combined comPressors up to ten (10) horsepower. OVERTIME PAY:See ( B, E, Q~, S~M ) on OVERTIME PAGE. ~ee ( Z, 6, 9, 10. 11. 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. OVERTIME: ~ ( 2. 6. 9, 15, 17 ) MX ( 10, 11, 26, Memorial Day ) APPRENTICES: ( i ) year ~erms at the following we e. 6~h yr 1st 6 mo 2nd 6 mo 2nd. Yrl3 ?/ 5rd.~r16 Oq $7.10 ll.qq 19.$q SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 5.56 Appr 1st term 5.35 Appr 2nd ~erm 5.lq Appr 3rd ~erm q.98 Appr q~h ~erm 9-658B EUOFER Page 2q Prevailing Rat~ ScheduI~~" 'NeH York State Department of Labor .................................. Case Number .................................. 01003ql SUFFOLK 2000A ................................................. ~ ............................. 7-01-2000 10-01-2000 10-01-2001 HAGES (per hour) 9-50-2000 9-50-2001 9-50-2002 Roofer/Haterproofer ............... $ 26.50 $ 1.75 adtl. OVERT[ME PAy-HaH Roof: See ( A. E. E2t Q ) on OVERTIHE PAGE. OVEE/IMb PAY-Retool: See ( B, E, E2, Q) on OVERTIME PAGE. HOL)DAYS: ~J~U: See ( 1 09EETIME: See APPRENTICES: ( 1 1 ± 2n 5rd q~% bO~ 7U~ SUPPLEMENTAL BENEFITS= Journeyman Apprentices 1st ' 2nd SHEEIMbTAL HAGES (per hour) 2.25 adtl. on HOLIDAY PAGE. q, 6, 15, 16, 25 ) on HOLIDAY PAGE. year terms at the folloHing percentage of 5ourneyman,s Hage. (per hour Horked) $ I8,0q 2.15 $.90 9.87 ~-I5q 7-01-00- 8-01-00- 2-01-01- 8-01-01- 2-01-02- 7-31-00 1~31-01 7-31-01 1-31-02 7-31-02 Sheetme±al Horker .... $ 33.17 1.25 adtl 1.~5 adtl 1.~S adtl 1.60 adtl For Temporary Operation or Maint.of Fans .............. BOX of Sheetmetal Ra~e Decking & Siding Hork: ..... $ 28.70 (C ,E~,O ,VV) on OVERTIME PAGE OVERTIME PAY: See ( ~ 6 ) on Fan Main~./ Decking & Siding HOL~O~YS~ A~. See ( 1 ) on HOLIDAY PAGE. 09EETIME: See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. APPRENTICES= ( 1/2 ) year ~arms et the folloHing percent of ~ourneyman rate 1~ 2nd 5r~ 6th 7~h bb% 60% 70% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 20.9~ AppP 1st term 6.28 Appr 2nd term 7.55 ~Appr ~rd term 8.~7 ~ppr qth term 9.q2 AppP 5th term 10.q7 Appr 6th term 11.51 Appr 7th term 12.56 Appr 8th term 16.7q Page 25 Prevailing Rate Schedule ,New York State Department of Labor .................................. Case Number .................................. 0100Sql SUFPOLK 2000A Decking & Siding ............. 9.96 HE.LUER Helder...To be paid the rate of the mechanic performing the Hork. TEAMSTER-Buildinq Truck Driver (Building and Heavy/Highwey): GROUP l: Chauffeur end Excavation. HAGES (per hour) 7-01-00- ?-01-01- 6-50-0i 6-50-02 Truck Driver (BuiIding and Heavy/Highway): Group 1 ................. $ 28.755 $ 29.~05 Drivers of three-axle ~ractors & trailers'~ $6.00 per day additional. Drivers of heavy equipment & tagalong trazlers, $ 10.00 per day additional. Drivers of boom trucks, $ 10.00 per aay additional. OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. See ( 5, 6. 16, 25 )~ on HOLIDAY PAGE. ME: See ( 5, 6, I6. 25 )~ on HOLIDAY PAGE. M mus~ work ~wo days in holiday week. SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.01 $ 16.61 q-Z82nsh T~NSTER- Demolition/Debris, Asbestos/Toxic Haste HAGES (per hour) 7-01-00- 7-01-01- 6/50/01 6-50-02 Truck Driver, Chauffeur or Loader/Operator $ 21.35 $ 21.85 21.65 22.15 OVERTIME PAY: See ( B, L, S, Si,) on OVERTIME PAGE. HOLIDAYS: PA1D:t~)S~)( 5, 6, 7, ~, 1~, 12~ 2~ ~.Rn Holiday Page. SUPPLEMENTAL BENEFITS: (per hour ~orked) Page 26 Prevailing Ra~e Schedule ~ew York S~a~e Depar~men~ of Labor .................................. Case Number .................................. OlO03ql SUFFOLK 2000A ~ 15.qS $ lq.68 q-282.Demo SIGN EEbCTUR HAGES (per hour) 7-01-00- 1-01-01- 12-31-00 6-50-01 Sign Erector .......... $ 27.q0 27.90 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 10, 11, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 10, I1, 12, i6 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ~erms a~ ~he following percentage of ~ourneyman~s ~ · 8~h . 9th l'O~h SUPPLEMENTAL BENEFITS: Journeyman ........... $ 17.47 $ 17.60 App ls~ ~arm ....... '... 5.61 3.63 App 2nd ~erm ......... 4.Oq q.07 App 5rd term ......... q.q8 q.51 App 4th term ......... q.91 4.9q Ap~ 5(h ~erm ......... 7.34 7.38 App 6~h term ......... 7.77 7.82 App 7th ~erm ......... 10.21 10.25 App 8~h ~erm ......... lO.8q 10.89 App 9~h term ......... 13.07 15.12 App lO~h ~erm ........ 13.50 15.56 9-157 Page 27 Prevailing Ra~e SchedUI~ 'New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. OlO03ql SUFFOLK 2000A PAIN1EH - $~ripzn~ HzqhHay HAGES(per hour) 7701/1999 Pain,er (S~riping-Highway): S~riping-Machine 0para,or ....... 9 21.57 " Helper .................... 15.79 Linerman ....................... 2q.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 2, 8. 11, 12, 15, 16, 17, 20 )ON HOLIDAY PAGE. - OVERTIME: See ( 2, 8, 11, 12, lB, 16. 17, 20, 21, 22 ) ON HOLIDAY PAGE. APPRENTICES: ( I ) year ~erms a~ ~he following ra~es of ~ourneyman's Hage. 1st 2nd 5rd q~h 5~h 910.00 $11.00 912.00 913.00 91q. O0 'SUPPLEMENTAL BENEFITS:(per hour paid) 22% of wage 9 .50 1/01/00 7/01/00 SURVEY CREH - Buzldinq HAGES:(per hour) Addle. 93.01/hr. Addle. 91.Sq/hr. Addle. 91.$1/hr. Survey Ra~es~Building: Par±y Chief ......... 9 32.77 Ins~rumen~ Man ...... 27.1~ Rodman ............... 18.5~ 9-Sa/Z8a (250) OVERTIME PAY: See ( A. E~, Q. V ) ON OVERTIME PAGE. MDoubletime paid on ~he 8~h hour on Saturday. HOLIDAYS: PAID: See ( 5, 6~ B, 11, 12, 15, 25 on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 12, 25 on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman 9 15.q0 SURVEY CREH - Heavv/Hi~hHay HAGES: (per hour) 9-15Db Page Z8 Prevailing Rate ScheduIe New York S±ate Bepartment of Labor .................................. Case Number .................................. 0100541 SUFFOLK 2000A 1/01/00 7/01/00 Survey Rates-Heavy/Highway: Party Chief ............. $ 32.18 Addit. $3.22/hr. Instrument Man, ......... 25.92 Addit. $1.78/hr. Rodman .................. 23.22 Addit. OVeRTImE: See ( B, EH, Q, V ) ON OVERTIME PAGE. ~Double±ime paid on the 9th hour on Saturday. HOLID6YS: PAiD: See ( 5, 6. 8, 11, 1Z, 15, 25 ) on HOLIDAY PAGE. OVERTIHE: See ( 5, 6, 8, 11, 1Z, 15, 25 ) on HOLIDAY'PAGE. APPrENTiCES: ( i ) year terms at the following wage rates. 1st term $ 9.97 Znd term 1~.1~ SUPPLEMENTAL BENEFITS (per hour paid) Journeymen $ 15.~0 Apprentice 8.65 9-15D-N/S co. SURVEY CEEH - Consul~n~ bnazneer CONSULTING ENGINEER SURVEY Peasibilzty and pre/~mznary design surveying, line and grade surveying for inspection or supervision of construction when per~orme~ under a Consul±lng Engineer agreement. HAGES:(per hour) 7/01/1999 Survey Rates: Party Chief ......... $ 23.96 ]ns~rumen~ Man ...... 20.63 Rodman .............. 17.88 OVERTIME PAY: See ( B. EH. Q, V ) ON OVERTIME PAGE. ~Doubletime paid on the 9th hour on Saturday. HOLIDAYS: ' ~AID: See ( 5, 6. 7, 11, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, 11~ 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 9.60 9-15dconsult CUHE UHILLING · Page 29 'NeH York State Prevailing Rate Schedule Department o~ Labor .................................. Case Number .................................. OlO0$ql SUFFOLK 2000A HAdES(per hour) 10/16/99 10716700 Core Drilling: Driller .............. $ 22.98 Addit. $1.25/hc. Helper ................ 19.22 Addit. $1.O0/hc. Note: Hazardous Haste Pay Differential: For Level C, an additional $ 0.25 per hour For LevelB' an additional .75 per hour For Level A, an additional 1.00 par hour Note: Hhen required to Hork on Hater: an additional $ 0.25 per hour. OVERTIME PAY: See ( B, E, K~, P, R~ ) on OVERTIME PAGE. HOLIDAYS: PAIU: See (~! 6 )on HOLIDAY PAGE. OVERTIHE: N See ( 6 ) on HOLIDAY PAGE. ~ See ( 10, 11, 15 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFtTS;(per hoot Horked) $ 7.69 POHEH EQU1PMbNT OPERAIUR - Heavv/Hz~hHay HAGES (Der hour) 7-01-00- 8-01-00- 7-51-00 7-51-01 Hell Driller: .......... $ 25.72 $ 25.85 Hell Driller Helper:... 21.10 21.15 OVERTIME PAY: See ( B, E, G, P ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. ISVERTIME: See ( 5, 6, 16, 25 ) on OVERTIME PAGE. 9-1556 SUPPLEMENTAL BENEFITS: (per hour Horked) Journeyman .............. $ 8.65+ Overtime... lOX o~ rate Hazardous Haste Differential Level A ................. ~ 5.00 per hr over ra~e Level B ................. 2.00 " " " " Level C ................. 1.00 " " " " $ 10.95 + 10% of rate 4-158well Page 30 New York S~ate Prevailing Ra~e S~hedule'' Department of Labor .................................. Case Number .................................. OlO03ql SUFFOLK 2000A PUHEE EUUIPM~NT DPENAIDR - Bulldino BUILDING: CLASS C : Backhoe, Boom Truck. Bulldozer, Broing Machine/Auger, Cherry P~cker, Conveyor-Multi, Dinky Locomotive, Fork Lzft, Hoist (2 Drum), Loading Machine 8 Front Loader. Mulch Machine (Machine fed), PoNer Hinches (All others not included in CLASS A), Asphalt Roller. Hydraulic Pump Hith Boring Machine, Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machine, Vermeer Cutter, Hork Boat. C ASS D : Curb Machzne, Hazntenence Engzneer (Small Equip. & Hell Point), Pzeld Mechanzc, Hzllzng Hachzne (Small). Pulvz-Mzxer, Pumps, Roller (Dzrt), Vac-A11, Helding/Burning~ Compressor (Structural Steel 8 2 or more in Battery), Concrete Fini-shing HachzneAConcrete Spreader~ Conveyor, Curing Ha~hipe, Fireman, Hoist (One Drum), Kidge Cutter, Stripzng Machine, Heldlng machine (Structural Steel & Pile Hork). CLASS "E': Compressor (Pile~ Crane, S~one Setting), Concrete Breaker/SeH Cutter, Hork Lift (Halk Behznd/Power Operated)~ Generator (Pile Hork), Hydra Hammerz Hand Operated Mechanical Compactors~ Pzn Puller~ Portable Heater~ Power-~room/Buggy/Grinders, Pumps-Single Aczion 1 to S znches/Gypsum/Douele Action Diaphragm, Hand Trenching Hach~ne, Helding Machine. Class F : Batch~ng Plant, Generator, Grznder, Hixer, Mulching Hachine, Oiler, Pump (Centrifugal up to ~ inches), Root Cutter, Stump Chipper~ Oiler on ToHer Crane, Track Tamper, Tractor, Vibrator, Deckhand on Hork Boat. HAGES (per hour) 7-01-00- 5-~1-01 Class ' A ' ............... $ ~Add $~.50 for Hazardous Haste Hork Class" B ' ............... ~2.55~ MAdd $2.50 for Hazardous Haste Hork Class "C ' ............... ~0.~0~ MAdd $1.50 for Hazardous Haste Hork Class" D" ............... 29.q~ Class" E ' ............... 27.10 Class" F" ............... 25.95 ~Cranes : Boom length ov~r 100 foot add $ 0.50 p~r h~ur " " 150 ' " $ 0.75 " " " " 250 " ' $ 1.00 " " " " $50 " ' $ 1.50 " " OV~HE PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIOAYS: ~ See ( 5, ~, 7, 8, 11, ) on HOLIDAY PAGE.~ ~mus~ork day before ~ day after, or receive 2 hours per intermittent day Page Prevailing Rate Schedule · New York State Department of Labor .................................. Case Number .................................. OlO0~ql SUFFOLK 2000A ~ERTIME: See ( 5, 6, 7, 8, II, ) on OVERTIME PAGE.~ APPRENTICE ( 1 ) year terms at the folIowing ls~ yr .............. $ 16.7q 2nd yr .............. 17.q2 3rd yc .............. 17.9~ SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ......... $ Z1.9~ Note Note:OVERTIME Journeyman 23.90 Apprentice .......... 13.19 Note Note:OVERTIME Apprentice 8.qO q-13B PUHbR ~U1PMEN1 OPeRA[OR - Heavv/Hz~hway HEAVY / HIGHHAY: CLASS "A"; Crane, Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Crane, Pile Driver. C~ASS "B": Asphalt Spreader, Backhoe Crawler. Boiler, Boring Machine, Cherry Pzcker [over' 50 ions). Concrete pump, Gradall, Grader, Hoi'st Loading Machine (10 yds or more). Milling Machine. Power Hinch-Stone Setting/Structural ' Steel/Truck Mounted, Powerhouse, Road Paver, Scoop-Carryall-Scraper in Tandem, Shovel, Sideboom Tractor, Stone Spreader (Self Propelled), Tank Hork, Track AlignmentMachine. CLASS "C": Backhoe, Boom Truck. Bulldozer, Boring Machine/Auger, Cherry Picker, Conveyor-Multi, Dinky Locomotive, Fork Lzft, Hoist (2 Drum), Loading Hachine and Front Loader. Mu~ch Machine (Machine ~ed), Power Hinches (All others not included in CLASS B)~ Asphalt Roller, Hydraulic Pump Hith 8oring Machine, Scoop, CarryaI1, Scraper. Main~. Man on Tower Crane, Trenching Machine, Vermeer Cutter, Hork C~ASS "D": Curb Machine, Maintenance Engineer (Small Equip. & Nell Point), d kzeld Mechanic, Milling Machine (Small). Pulvi-Mixer, Pum~s, Roller (Dirt), Var-All, Heldin~/Burnin~, Compressor (Structural Steel & 2 or more in Battery), Concrete Finishing Machzne, Concrete Spreader, Conveyor, Curing Machine~ Fireman~ Hoist (one drum), Ridge Cutter, Striping Machine~ Melding Machzne (S~ructural Steel & Pile Hork). CLASS "E": Compressor (Pile~ Crane, Stone Setting), Concrete Breaker/Saw Culter, Hork Lif~ (Halk Behind, Power Operated)~ Generator (Pile Hork), Hydra Hammer. Hand Operated Mechanical Compactors. Pin PulIer~ Portable Heater, Power-Broom/Buggy/Grinders~ Pumps-Single Action 1 to 3 znches/Gypsum/Double Action Diaphragm, Hand Trenching Machzne, HeIding Machine. Class "F": Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Pump {~entrifugal up lo 3 inches), Root Cutter, S~ump Chipper, Oiler on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand onHork Class "G ": Lead Tec TV Crew. Ciass" H ": He± Out Tec. Class" ! ": Technician. Boiler Operator: Page 52 Prevailing Rate Schedule · NeH York S~ca~ce Depar±ment of Labor .................................. Case Number .................................. 0100Sql SUFFOLK 2000A HAGES (per hour) 7-01-00- 5-31-01 Class "A" ............... $ 55.28~ ~Add $5.50 for Hazardous Haste Hork Class "B" ............. 35.28~ ~(Add $2.50 for Hazardous Haste Hork. Class "C" ............. 30.95~ ~Add $1.50 for Hazardous Haste Hork. Class "D" ............. 29.78 Class "E" ............. 27.q5 Class "F" 26.27 CZass "H" ............. 29.17 Class" I" ............. 28.00 Boiler Operator ......... 28.58 ~(Cranes : Boom len~±h over 100 f~ot a~d $ 0.50 p~r h~ur. " " 150 $ 0.75 " " " " 250 " " $ 1.00 " " " " " " 350 " " $ 1.50 " " NOTE: PREMIUM PAY 20% on straight time hours for NEH YORK' ~TATE D.O.T. and other GOVERNMENTAL HANDATED off-shift work. OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. HOLIO6YS: PAID.' See ( 5, 6, 7, 8, 11 ) on HOLIDAY PAGE.~(~( un mu~work day before 8 day after or receive 2 hfs per intermittant day OVERTIME: See ( 5, 6, 7, 8, 11 ) on OVERTIME PAGE.~ APPRENTICE ( 1 ) year terms at the folloHing rates; 1st yr .................... $ 16.7q 2nd yr .................... 17.q2 5rd yr .................... 17.9q SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............... Note:OVERTIME Journeyman. Apprentice ............... Note: OVERTIME Apprentice HAHINE UUN$IEU~TiUN WAGES (per hour) Hydraulic Dredge: Class A: Leverman ............. Class B: Engineer ............. Derrick Operator ..... Chief Mate ........... Chief Helder ......... Electrician .......... Fill Placer .......... Assr. Fill Placer ..... 21.9q Note 25.90 15.19 Note 8.qO 10-01-99- 9-30-00 26.68 23.51 23.51 23.18 23.80 22.82 23.18 21.29 q-138 Page 55 Prevailing Rate Schedule NaN York State Department of Labor .................................. Case Number .................................. OlO0$ql SUFFOLK 2000A Boat master .......... Class C Maintenance Eng ...... Hate ................. Helder Dredge ........ Spider Barge Opar .... Boat Capt ............ S~e~ard .............. Chief of Par~y ....... Class D Deckhand ............. Oiler ................ Fireman .............. Shoreman ............. Rodman ............... Tug Deckhand ......... 22.65 22.67 21.17 22.51 22.12 21.52 21.12 21.17 17.0q 17.69 17.69 17.0q 17.0A 17.26 OVERTIME: See ( B, F, R ) on OVERTIME PAGE. HOLIDAY: PAID:. Sa~ ( 5, 6, 8, 10, 15 ) on' HOLIDAY PAGE. OVERTIHE: See ( B, 6, 8, 10,'15 ) on OVERTIME PAGE. ' The following SUPPLEMENTAL BENEFITS apply to ALL classifications. SUPPLEMENTAL BENEFITS: (per hour Horked) All Class A & B $ q.46 ( OVERTIME $ 1.25 EXTRA plus 8% of HAGE All Class C All Class D $ 3.86 ( OVERTIME $ 0.95 EXTRA plus 8% of HAGE $ 5.26 ( OVERTIME $ 0.65 EXTRA plus 8% of HAGE MA~iNb CDNSIRUCIION HAGES (per hour) Dipper & Clamshell Dredges: Class A: 10-01-99- 9-50-00 q-25a Page Prevailing Ra~e Schedule 'New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. OlO03ql SUFFOLK 2000A O~erator .......... $ 26.26 Class B: O~ere~or II ....... 21.5~ [ngineer .......... 2~.12 Boet Mas~er ....... ~1.?~ Class C: Maintenance Eng... ~2.07 ~±e .............. 20.57 Helder ............ ~1.72 Boe~ Cep~ ......... 20.72 Chie~ o~ Party .... 20.57 ~ass D: ~ler ............. I7.39 Fireman ........... 17.39 Scowman ........... Rodmen ............ Tug Deckhand ...... 16.96 Deckhand .......... 16.96 ~See [TiiERT~IME: ( 5, 6, 8, 10, 15 ) on Holiday Page. See.( 5, 6, 8, 10, 15 ) on Overtime Page. SUPPLEMENTAL BENEFITS: (per hour worked) Class A & B $ q.~6 ( OVERTIME $ 1.25 EXTRA ) plus 8Z o~ HASE 8Z o~ wage Class C $ 3.86 ( OVERTIHE $ 0.95 EXTRA ) plus 8% o~ HAGE Class D $ 3.26 ( OVERTIME $ 0.65 EXTRA ) plus 8% o~ HAGE ST~ATE OF f~W YORK DeP*.RTME~.T OF U~OR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Submit this form for new schedules or for determination for additional occupations. Provide all information Requested Below SU~I'I'I~D BY: I~ CONTRACTING AGENCY I~ PUBLIC WORK DISTRICT OFFICE ] DATE I (CH~CK ONE) D ~ OR ENGINEEIUNG FIRM A. PUBLIC WORK CONTRACT TO BE LET BY: (Enter Da~a Pertain~g to Contracting Agency) 1. Name and complete address (number, street, city or town, zip code) 2. [] N.Y. State Units [] 01 DOT [] O20GS [] 03 DORMITORY AUTHORITY [] g4 STATE UNIVERSITY CONSTRUCTI(~I FUND [] 05 MENTAL HYGIENE FACILITIES CORP. [] 06 OTHER N.Y. STATE UNIT [] 0Tory [] O~ Local School District [] 0g Spedal Local District, i.e., Fire, Sewer, Water District [] 10 Vlffage D 11T~m [] 1 ~ County [] 13 Other Non-N.Y. State (Desc~e) 3. S~tD REPt. Y TO (NAME AND ADDRESS): T~tzPt~: ( ) B. PROJECT PARTICULARS 5. Project 11TLE and/o~ des~lptio~ of work to be pen~m~ned. indude coetcact identification number, if applicable 4. SERVICE REQUIRED. Chedc appropriate box and provide project Information. [] New Scbedule of Waejes and Supplements. IAPPROX'MAT~ BID DATE I [] Adclitlofla| Occupatio~ and/or Rndetermination ! PRC NUMBER I~SUED PREVIOUSLY FOR OFFICE USE ONLY 6. Location of Project: Locatien o~ S~te Route No/Street Address Village or City Town 7. Nature ef Project - CheCk One [] 1. New Bulidlng [] 2. ~it~ to Ex~i~ Stm~e S. ~erN~~ 6. ~R~ru~inn, M~at~ce, Re~k ~ 7. ~o~flon 8. B~ing ~e Contra~ ~. County OCCUPATIOfl FOR PRO~ECT [] Construction (Building, Heavy Hkjhwa y/sewe~A~/at er) [] Tunnelling [] Residential [] Lat~clscape Maintenance [] Elevator maintenance [] Exterminators, Fumigators Sign~ure [] Guards, Watchmen [] Janiters, po~ters, deaners [] Moving fur~tme and equipment [] Trash ~ refuse removal [] W~ndowdeaners [] Oth~ (Describe) OFFICE USE ONLY Locality Des~nations Locality Designations I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i SEE OTHER SIDE FOR LAWS RELATING TO PUBLIC WORK CONTRACTS PW-Bg (10-g4) STATE OF NEW YORK DEPARTMENT OF LABOR REQUIREMENTS OF ARTICLE 8 (Section 220-223) AND ARTICLE 9 (Section 230 - 239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law requires public work contractors and subcontractors to pay laborers, workers or mechanics employed in the perfoi~ance of a public work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with the prevailing practices in the locality where the work is performed. The Department of Jurisdiction awarding a public work contract MUST obtain a prevailing rate schedule from the Bureau of Public Work of the New York State Department of Labor listing the hourly rates for the trades and occupations of the workers to be employed on the public work project. This schedule may be obtained by completing and forwarding the. Request for Wage and Supplement Information on the reverse side hereof. The prevailing rate schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the signing of the contract, the Department of · Jurisdiction MUST advise the Bureau of Public Work on a form supplied by the Bureau as to the name of the contractor to whom the contract was awarded, the d~te and the amount of the contract. A "Department of Jurisdiction" includes a state department agency, board er commission; a county, city, town or village; a school district, beard of education or board of cooperative educational services; .a sewer, water, fire, improvement and other district corporations, a public benefit corporatmn; and a public authority awarding a public work contract. WITHHOLDING OF PAYMENTS FROM CONTRACTORS: When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages er supplements, the Bureau is authorized by Sectio ~n~. 2.20-b and 235.2 of the Labor. Law to so notify the financial officer of the Department of Jurisdiction that awarded the pubhc work contract. Such officer MUST then wit.hhold or cause to be witl~..eld from any payment due the prime contractor on account of such contract the amount indicated by the Bureau of Public Work as sufficient to satisfy the _unpaid wages, an.d supplements, including interest and any civil penalty that may be assessed by the Commms~oner of Labo. r..The withholding continues until a final determination of the underl~.ayment by the Commissioner of Labor or by the Court ~n the event a legal proceeding for rewew of the Commissioner of Labor's determination is instituted. The Department of Jurisdiction shall comply with an order of the Commissioner of Labor or of the Court with respect to the release of the funds so withheld. ITAT~ OF NEW YO~K DEPARTMENT OF LABOR ~u~u of Public Work - Notice to ALL Contracting Agencies- Your attention is directed to the following Amendment to Article 8, Section 220 (3-a) of the NY8 Labor Law: Assembly Bill Number 1839, entitled: "AN ACT to amend the Labor Law, in relation to signs posted at public works projects" APPROVED: This bill amends Section 220 (3-a) of the Labor Law to set forth specific requirements for signs at public work locations listing all prevailing wages specified in the contract. The bill mandates that such signs "be written in plain English and titled, in lettering no smaller than two inches in height and two inches in width," with the phrase "Prevailing Rate of Wages." The bill further requires that the sign by weatherproof. The bill takes effect on March 6, 2000. Signed into law on September 7, 1999. Ensuring that workers receive the appropriate wage when working on public work projects is a core mission for the Depa[hnent of Labor ("Depa~iment"). lhis bill will assist the Depa,h.ent in carrying out this mission by educating workers on public work projects as to the applicable wage and supplements for each project. On the reverse, please find the complete text of the Bill, which contains various other aspects of the law, which affect contracting agencies, contractors and subcontractors working on public work projects. Text of New Yock S~e 8ill AOUt39 STATE OF ~W YORK 'THE PEOPLE OF THE STATE OF NEW YORK. R~PR~LS~NTED IN SENATE AND .~SSEMBLY, DO ENACT AS FOLLOWS: 17 ~rks comracu d~JI po~ in · pa~inem and ac~e~'Me place m ~ 18 site (of ~ ~) WHE~ ~ WO~ ~ ~P a ~k ~ ~ 21 ~in~, ~ b~ ~ ~ ~ ~ ~D ~A~~ 22 BE W~N IN P~IN E~LISH A~ ~ ~ ~ ~ S~R THAN ~O INCH~IN flEIG~ A~ ~O ~ ~ ~ W~ ~ ~ 24 'P~VAILI~ ~TE OF WAG~' SU~ ~ ~A~ S~ ~ ~D EXlaLANATION: Matter In ITALICS(umle~ k ne~. Matter In brad.s LBD04:1941-9 I~e2 OF ~LATERJALS CAPABLE OF WITHSTANDING ADYERSE WEATHER,CONDITIONS 2 Thc comractor and every sub-cc~trac~' shall keep e~lia~ peyedls ~ 6 ra(c pa~d ~nd IM suppkmems I~kl or p¢~ aa tM si~ ~' IM ~m~k 10 dm'l produce w~in five days on t~ -qe ~ tM ~,mt q~m femid e~n' of II t~ commission' or his a:silned ~tati~e such ~ Feymas or 12 transc~p(s Ihcl~, subscn'oed ai~d aJTu'm~ by him M IlK ImJm' tile peaaJt~ 13 of penury, as may be deemed nec~:~,aty lo adequ~ mf~e tM peo~sion~ 14 o(thi$&rli~e. Eve~nt~-t~.and~dllls~o~e 16 ~ mo~/ t~iny days ~-'~afler. A .lnS~p~ of tl~ milind ~ .:toe:l 17 as provkL-d by this ~kle. sulk, ch'bed and afflnn~l as mae ~ ~e penates of perju~ T~ department ofjurisdictk~ u ~ ~ e ~ ~ ~ BUILDING TRADES RATIOS (ALPHABETICALLY) Title Trade Code Boilermaker (Construction) 15-333 Boilermaker 33-016 Bricklayer, Mason & Plasterer 11-274 Bricklayer-Mason 11-025 Cabinetmaker 44-033 Carpenter 12-037 Cement Finisher or Cement Mason 11-038 Const Inspector (Hwy & Traffic Con) 18-504 Dry Wall Taper 14-349 Electrical (Outside) Line Worker 17-071 Electridan 17-072 Elevator/Escalator Construction & Modernizer 18-541 Glazier 16-087 Insulation & AsbeStos Worker 18-00~ Iron Worker 15-221 Laborer (See Skilled Construction Craft Laborer) Lather (Carpenter) 14-444 Lather 0Mood, Wire & Metal) 14-114 Unoleum & Resilient Tile Layer 16-115 Unoleum, Resilient Tile & Carpet L 16-117 Marble, Carver, Cutter & Setter 11-136 Millwright 32-143 Op Engineer (Grade & Paving Equip) 18-286 Op Engineer (Heavy Duty Repairer) 18-288 Op Engineer (Heavy Equipment) 18-318 Op Engineer (Universal Equipment) 18-285 Ornamental Iron Worker 15-154 Painter & Decorator 14-156 Painter, Decorator & Paperhanger 14-157 Paperhanger 14-3S7 Pipefitter 13-176 Plasterer 14-178 Plumber & Pipefitter 13-363 Plumber & Steamfitter 13-181 Plumber (Residential) 13-366 Plumber 13-180 Pointer, Caulker & Cleaner 11-282 Rodperson 89-476 Roofer 15-194 Safety Technician Painting 14-528 Sheet Metal Worker 15-201 Skilled Construction Craft Laborer 18-514 Sprinkler Fitter 13-334 Steamfitter 13-21S St~ Mason 11-219 Tile Setter 16-226 Tile, Ma~e & Terrazzo Finisher 16-497 Rati~ 1:1,1:4 1:1,1:3 1:1,1:4 1:1,1:4 1:1,1:3 1:1,1:4 1:1,1:4 1:1 1:1,1:3 1:1,1:2 1:1,1:3 1:1,1:2 1:1,1:3 1:1,1:4 1:1,1:6 1:1,1:4 1:1,1:5 1:1,1:3 1:1,1:3 1:1,1:4 1:1,1:4 1:1,1:5 1:1,1:5 1:1,1:5 1:1,1:5 1:1,1:4 1:1,1:3 1:1,1:3 1:1,1:4 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:4 1:1,1:3 1:1,1:2 1:1 1:1,1:3 1:1,1:3 1:1,1:2 1:1,1:3 1:1,1:2 1:1,1:4 1:1,1:4 2/4/00 - Please call Apprentice Training Central Office at (S16),~i~l[O/~if~,ed~ha~e any Questions. 0 0 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 I do hereby state: 1. That I pay or supervise the payment of the persons employed by on the ; that during the payroll period commencing on the day of , 20 , and ending the . day of , 20 , all persons employed on said project have been paid the full weeldy wages earned (.xc~p~ a. ~ cohmm 10. f~m ~ fo~m~ that no rebates have been or will be made either directly or Indirectly to or on behalf of said co4~b-acto~, from the full w~eldy wage~ earned by any person and that no deductions have been made e/thor directJy or IndlrectJy from the full wages earned by any person other than permissible deduc~ions as defined by Regulations hsued by the New York State Department of Labor. If any wages are unpaid, as reported in Column 10 o~ the front of this form, explain below: 3. That al~ apprentices employed I,i the above pe~od am duly registered in · b~na fide appmn~shlp p~gram registered with · made to appmp~ate programs for the belle~ of such employee, excep~ as no~d Iff Section 4 (c) ~w. (c), EXCEPTIONS EXCEP'nOt4 (NOTARY & SEAL) NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The contractor will send to each labor union or representative of workers with which ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national odgin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Seeding of Playing Field M-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights, and the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non- discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non- discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in purchasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.', through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the OwnedContracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Seeding of Playing Field M-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be read and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party hereto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and alt monies due or to become due hereunder may be forfeited. B. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, where segregated facilities are maintained. The bidder, offerer, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, time clocks, locker rooms and other storage or dressing areas, parking lots, ddnking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national odgin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors pdor to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Seeding of Playing Field N-1 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES, A certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national odgin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national odgin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin, (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractoCs commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will fumish ali information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulaUon, or order of the Secretary of Labor, or as otherwise provided by law. Seeding of Playing Field N-2 (7) The contractor will include the provisions of Paragraphs (1) through (7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor wilt take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for'prime contractors and sub'contractors. (1) Each agency shall require each pdme contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if Such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency or the Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the pdme contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, pdme contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. Seeding of Playing Field N-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: "The bidder (or offeror) represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10928, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covering the delinquent period or such other pedod specified by the agency or the Director. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency or the Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. (C Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Seeding of Playing Field N~4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12.805.4 PROCUREMENT STANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Departrnent of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for construction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Seeding of Playing Field N-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and prices. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantes and to assure that suspected or reported violations ara promptly investigated. Seeding of Playing Field N-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3-e provides that apprentices will be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national odgin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; Seeding of Playing Field N-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which require~ that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shall be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive previsions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race,.creed, color or national origin. Seeding of Playing Field N-8 CONSTRUCTION SPECIFICATIONS: SEEDING OF PLAYING FIELD PECONIC LANE PARK Date: March 14, 2001 DIVISION ONE ~ GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: The work in this project includes the clearing, grubbing & rough grading of topsoil as directed by the Town and the final grading and preparation of the playing field. All excess materials, consisting of roots, vegetation, rocks & debris generated by this project can be deposited at the Southold Town Collection Center at no cost to the Contractor. The work in this project includes a playing field area that is three hundred seventy five (375') fe~et wide by four hundred fifty (450) feet long. The designated area shall be staked out by the Town and the final grades shall be uniform in slope and approved by the town prior to placement of any fertilizer or seed. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. This contract includes all site work necessary for the completion of the work as specified by these documents. 1.02 WORK BY OTHERS The following will be provided by other: 1. The Owner will provide and pay for the following: A. All related permits. END OF SECTION Seeding of Playing Field 1010-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 1.02 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during Construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. D. TEMPORARY SANITARY FACtI~ITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas dudng construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION Seeding of Playing Field 1500-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. BiddedContractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS A. All substitutions shall be approved in writing pdor to being ordered, fabricated or incorporated into the work. B, The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. Seeding of Playing Fields 1600~1 1.05 SUBSTITUTIONS The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION Seeding of Playing Fields 1600-2 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 - SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall InclUde a three hundred seventy five (375') foot by.four hundred f'~y (450) foot area of the site. B.Related Work Specified Elsewhere: 1. Site Grading & Seeding 2800 1.02 MEASUREMENT & PAYMENT: A. Quantities shall not be measured and payment shall be at the contract lump sum price as indicated on the bid for construction. Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 GRUBBING: A. Limits of grubbing shall coincide with the (37~')x (4~0') area as directed by the Town. B. Remove all stumps, roots, rocks and matted root clusters within the limits of grubbing to a depth of eight (8") inches below grade. 3.03 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris may be disposed of, by the Contractor, at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION Seeding of Playing Fields 2100-1 Part 3 - EXECUTION 3.01 GRADING: A. The Contractor shall be responsible for grading the site to provide uniform and even playing field surfaces void of holes or other deviations deemed unacceptable by the Town. All transition areas shall be included in the final grading and all slopes shall be within standard tolerances and compacted with uniform levels or slopes between points. 3.02 PREPARATION: A. Topsoil shall be uniformly graded over the entire playing field at a minimum thickness of four (4") inches. B. Lime shall be applied at a uniform rate to bring the soil to a Ph of (6.5). C. Fertilizer shall be applied at the rate of two hundred fifty (250) pounds per each 10,000 S.F. and throughly worked into the topsoil. D. Areas shall be firmed by use of a light roller and pre-emergent weed control shall be applied to the area in accordance with the manufacturer's recommendations. E. Finished surfaces shall be raked smooth and even, ready for seeding. 3.03 INSTALLATION: A. Broadcast seed at the rate of 60 pounds per each 10,000 square foot of area in a uniform manner. Sow half of the seed in one direction and the sow the other half in a direction at ninety degrees to the first sowing. B. After sowing, rake seed lightly into soil to a depth of not more than 1/4 inch and then compact sown areas with a light weight roller. C. Immediately after seeding, barricade seeded areas to prevent trespassing. D. Sprinkle with fine spray for 30 days as necessary. END OF SECTION Seeding of Playing Fields 2800-2 'OMa pmoN ~¥ / i / / / / / / / / / / % ELIZABETH A. NEVILLE TOWN CLERK REGISTtL~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 303 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Jean W. Cochran to sil~n an A~reement between the Town of Southold and the lowest resl~onsible bidder for the grubbing, seedin~ of the Sl~orts I~lavin~ fields at Peconic Lane Park, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 303 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Jean W. Coehran to sign an Agreement between the Town of Southold and the lowest resoonsible bidder for the grubbing, seeding of the soorts olaving fields at Peconic Lane Park, subject to thc approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk 03/27/01 TUE 15:30 FAX 516 765 I366 Sou~hold Town Accoun~ing O01 __ RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to sign an Agreement between the Town of Southold n~d the lowest responsible bidder for the grubbing, seeding of the sports playing fields at Peptonic Lane Park, subject to the approval of the Town Attorney. Southold Town Board Meeting: I/you have any questions on the above, please contact Jim McMahon. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING Grubbing, Grading & Seeding of a SPORTS PLAYING FIELD Peconic Lane Park Bid Opening 4/5/01 at 10:00 A.M. Four (4) bids were received: Gatz Landscaping Inc. 1800 Sound Avenue Mattituck, NY 11952 $12,680.00 J. C. Quinn Inc. P. O. Box 734 Calverton, NY 11933 $14,500.00 Fine Care Landscape, Inc. 2890 Bridge Lane Cutchogue, NY 11935 $16,200.00 Timothy Coffey Nursery/Landscape, Inc. 44900 Route 25 Southold, NY 11971 $20,969.00 ELIZABETH A. NEVILLE TOWN CLERK REGISTP~MR OF VITAL STATISTICS MARRL~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING Grubbing, Grading & Seeding of a SPORTS PLAYING FIELD Peconic Lane Park Bid Opening 4/5/01 at 10:00 A.M. Four (4) bids were received: Gatz Landscaping Inc. 1800 Sound Avenue Mattituck, NY 11952 $12,680.00 J. C. Quinn Inc. P. O. Box 734 Calverton, NY 11933 $}4,500.00 Fine Care Landscape, Inc. 2890 Bridge Lane Cutchogue, NY 11935 $16,200.00 Timothy Coffey Nursery/Landscape, Inc. 44900 Route 25 Southold, NY 11971 $20,969.00 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York ]i971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 16, 2001 Donald Gatz Gatz Landscaping, Inc. 1800 Sound Avenue Mattituck, New York 11952 Dear Mr. Gatz; The Southold Town Board awarded the bid for the "Seeding of the Sports Playing Field at Peconic Lane Park" to your company. A fully executed copy of the contract is enclosed. Mr. James McMahon will be working closely with you on this project. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk GREGORY F. YAICABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-maih townattorney~southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To' From: Date: Re: Elizabeth A. Neville Town Clerk Mary C. Wilson, Esq. Assistant Town Attorney April 12, 2001 Contracts, Leases & Agreements Seeding contract for Peconic Lane Park w/Gatz Landscaping Betty: Transmitted herewith are two (2) fully executed contract agreements between the Town of Southold and Gatz Landscaping for seeding at Peconic Lane Park. Please see that a copy is forwarded to the proper party. Thank you. Mary /md encs. cc: Jim McMahon, Community Development w/o encs. JAMES C. McMAHON Administrator Telephone (631) 765-1892 Fax (631) 765-1366 TOWN OF SOUTHOLD COMMUNITY DEVELOPMENT OFFICE Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 INTER-OFFICE MEMO TO: FROM: SUBJECT: Date: Jean Cochran, Supervisor Jim McMahon, Executive Assistant Seeding Contract - Peconic Lane Park April 11, 2001 Please sign and return the attached. The Town Board approved this at the last meeting, subject to the Town Attorney's approval ..... THANKS RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to sign an Agreement between the Town of Southold and the lowest responsible bidder for the grubbing, seeding of the sports playing fields at Peconic Lane Park, subject to the approval of the Town Attorney. Southold Town Board Meeting: ~/~TJo~(.~O/~ If you have any questions on the above, please contact Jim McMahon. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING Grubbing, Grading & Seeding of a SPORTS PLAYING FIELD Peconic Lane Park Bid Opening 4/5/OlatlO:OOA.M. Four (4) bids were received: Gatz Landscaping Inc. 1800 Sound Avenue Mattituck, NY 11952 $12,680.00 J. C. Quinn Inc. P. O. Box 734 Calverton, NY 11933 $14,500.00 Fine Care Landscape, Inc. 2890 Bridge Lane Cutchogue, NY 11935 $16,200.00 Timothy Coffey Nursery/Landscape, Inc. 44900 Route 25 Southold, NY 11971 $20,969.00 PROPOSALFORM BIDDER: . ),.) DATE: 0 I I~'Ol) ,~und ~(, t~ ~ ,~. IJq$7. RECEIVED TO: SOUTHOLD TOWN BOARD APR 5 200~ TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: Southold Town Clerk The undersigned as bidder, declares that the only persons, company, or paAies interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same woA; that it is in all resp~ fair and without collusion or fraud, and that no pemon ac~ng for or employ~ by the aforemention~ o~er is or ~11 ~ interest~ directly or indirectly, in the pe~ormance of the contract, or the supplies relating to it, or in any ~Aion of the profit thereof; that he has ~re~tly examined ~e ~ntract d~uments dat~: ~arcb ~4. 200] including bidding requirements, contract, general and s~ial ~nditions, ,s~cifi~tions, con.ct d~ngs~ and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on ~Bom page); that he has satisfied himself by pemonal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he propos~ and agrees ~at if his pro~sal be accepted he contract to furnish all materials not provided by the Town (See Specifications) and to peEorm all the work required to construct, pedorm and complete the work at: SEEDING OF (20,000 S.Y.) SPORTS PLAYING FIELD - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering DepaAment. Southold Town Hall, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will stall the work as directed by the Town, he will accept, in full payment thereof as listed below: This item will include all of the work required for the clearing, grubbing, grading and seeding of the spo~ field as outlined in the plans and specifications; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Document. The above referenced activities will be completed for the stipulated "lump sum" of: (wri~en in words) (wd~en in numbem) And he luther agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fait or neglect to enter into a Contract pumuant to such proposal and to the requirements of the Town and shall fail to give the requir~ securi~ within the ten (10) days after notice of the acceptance of said pro~sal, shall have been deposit~ in the mail address~ to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the ce~ified check accompanying this proposal shall ~ fodeited to the Town as Liquidated damages; othe~ise the ~Aified check shall ~ returned to the bidder within fo~-five (45) days after the dat~eiving the bids. We the undemigned, ~her agree tha~posai is a formal bid and shall remain in effect for a period of fo~-five (45) days, the Town wil~t or rej~ this proposal or by mutual agreement may e~end this time period. Signature ~/~/ Business .~ C . ~ of Bidd~/ Address: ~. ~fld Date: N'$' 01 Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knbwingly be disclosed by the bidde~' prior to opening, directty or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name) (Name of Corpora'tion)O authorized to sign and submit the bid or proposal of this corporation for the following Project: be Seeding of a (2.0,000 $.¥.) Sports Playing Field - Peconic Lane Park Peconic Lane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the ~0 day of M. ~-- (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 Seeding of Playing-Field E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (BiddY) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract_ ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area s.ubje.ct to the, se Bid Conditions, these trades being: I -h u · ; and, I will obtain from each of my subcontractors and s~.u~mit to the contracting or administering agency prior to the award of~a~-su'bcontractor under this contract the subcontractor certification required b~ Bid Conditions. (Signat~ed Representative of Bidder) ~ Seeding of Playing Field F-1 THE A ERICAN INSTITUTE OF CHITECTS Document ~3'/0 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obliseo shall accept the bid of the Pti~cipal and the Principal shall enter in~o · Contract with the Oblisee in accoedance with the terms ot such bid, and Rive such bond or bonds as may he specified in the biddin$ or Cmllract Documents with 8ood and su~cient surely for the faithful performance of such Contract and for the prompt payment of tabor and material furnished in the p¢osecution thereof, ot in the .event of the failure of the Principal to enter such Contract and give such bond or bonds, il the Principal shall pay to the Oblis~e the differestce nol to exceed the penal~y hereol be~veen the amount specified in said bid and such larse; amount for which the Oblisee'rnay in 8ood faith contract with another party to peeform the Wod; covered by said bid, then this obtlBation shall be null and void, otherwise to remain in tull force and effect. SiBned and sealed this day of (witness) (witness) (Principal) (Ti(lc) fSure~yI (Title) (Seal} (Seal) AIA OOCUMENT A31a · BID BONO - AIA O . FEBRUARY 1970 ED ° THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AV~., H.W., WASHINGTON, O.C. OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: Signed: ~' .-J J~--~-~ (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidder's Name) (Surety Company) will execute the Surety Bonds as herein-before provided. Signed: Authorized Official, Agent or Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Seeding of Playing Field G-1 0 0 0 0 0 0 PROPOSALFORM NAME Of BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK '11971 APR § 2001 Soulhold Town Clerk MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only pemons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: March ]4, 200]. including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SEEDING OF (20,000 S.Y.) SPORTS PLAYING FIELD - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 11958 and all other work in connection therewith, in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: This item will include all of the work required for the clearing, grubbing, grading and seeding of the sports field as outlined in the plans and specifications; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: J (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of fortT~five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature ~ Business of Bidder: ~ Address: Telephone Number: Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by taw, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior' to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION , eso,vedthat C. of J. (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Seeding of a (:~0,000 $.Y.) Sports Playing Field - Peconic Lane Park PeconicLane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by ..J. ~.. corporation at a meeting of the Board of Directors, held on the ~eco~ ~ day of ~fl~lc' ~ (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 Seeding of Playing Field E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: 1. (Bidder) I intend to use the following listed construction trades in the work under the contract_ ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, I will obtain from each of my subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification r~onditions. (Signature of~uthorized Representative of Bidder) Seeding of Playing Field F-1 BID BOND Bond #AE6147010 Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, J.C. Quinn Inc. PO Box 734, Calverton, NY 11933 and the Gulf Insurance Company of 5 Forest Park Drive, Farmington, CT 06032 the laws of the State of Missouri Town of Southold, 53095, Southold, NY 11971 as Principal, hereinafter called the Principal, , a corporation duly organized under , as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid ..................................................... Dollars ($ 5 % of Amount Bid ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Seeding of a Sports Playing Field at Peconic Lake Park. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3rd day of April 2001 Catherine McCabe Witness Witness J.C. Quinn Inc. PO Box 734, Calverton, NY 11933 (Seal) Principal Title S 0054/GEEF 6/97 Patricia Yon Posch Attorney-in-Fact CORPORATE ACKNOWLEDGMENT STATE OF /~'~.u~ yO£,~. County of ~uF¢-~ clz. .~ ss Onthis ,~_ ,~"~ dayof personall~ appeared ~'.~'./-,~.~ ~'~,,v',,v , in the year ~40 O/ , before me Notary Public personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. MyCommissionexpires ~T(.~C)L~ /~) °~"~)0,~ ~,~/")l~ t'~ ~./~ i~/. (--~- Notary Public, resi~ng at (Seal) ANITA J. NIOREI. Notary Public, State of No. 01 NI4982786 Qualified in Suffolk S-0803/GEEF 8/97 ACKNOWLEDGMENT BY SURETY STATE OF New York County of Nassau Onthis 3rd dayof April 2001 , before me personally appeared Patricia Von Posch /, known to, me to be the Attorney~in-Fact of Gulf Insurance Company , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate fn'st above written. (Seal) Notary Public in the StateF~D NASH ROE County of NOTARY PUBLIC, State of New York No. 30-4815494 Qualified in Nassau Count~ Oommissio¢ Expires July l, 2001 S~)230/GEEF 6/96 G~JLF INSURANCE~MPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY ORIGINALS nE Tills POWER elf ATTORNEY ARE PRINTED ON BEUE SAFETY PAPER WITH TEAl, INK. DUPIA(rATES SHAEL ]lAVE THE SAME FORCE AND EFFE('T AS &N ORIGINAl, t }NI,'~ WHEN ISSUED IN CONJUNCTION WITlt THE ORIGINAE. BOND i~ NUMBER AE ~47010 NAME, ADDRESS PRINCIPAL: CITY, STATE, ZIP J.C. Quinn Inc. PO Box 734 Calverton, NY 11933 April 3, EFFECTIVE DATE 2001 CONTRAGTAMOUNT BOND AMOUNT Five Percent (5%) of Amount Bid .... William F. Maroney, CatherineMcCabe, John E. Roe, John E. Roe, Jr., PatriciaVon Posch .... 'N be heretu affixed. STATE OE NEW YORK COUNTY OF KINGS On the 27th day nf October, 1999 A.D., befnre me cattle Christopher E. Walson. km.wn to me persnnally who being hy me duly swnrn, did depose and say; that he resides in the County of Westchester. State nf New Ynrk: that he is the President uf the Gulf Insurance Cnmpany, the corporation described in and which executed the abn~e instrument; ]hat he knows the seal .f said corporation; that the seal affixed tn the said instruments is such corporate seal; lhat it was so affixed hy order of the Board ol Direclnrs nf said c.rpnration and that he signed his name, thereto b3 like urder. STATE OF NEW YORK COUNTY OF NEB M)RK I)AVI D JAEFA Nntary Public, State of Ne~ ~q}rk No. t}2.1A4958634 Qualified in Kings (?mmty Commissi.n Expires No~cmber 13. 2001 I, the undersigned. Executi*e Vice I'resident of the Gulf lnsuram'e Company a Missouri Curporatim~, D(t HEREB5 ('ERTIEY that the fnregoing and attached PHWER OF ATTORNE'~ remains in full f. rce. Signed and Sealed itt the ('il) AE6147010 *1042248* l)ated the 3rd day.l April · 20 O1 PROPOSALFORM NAME OF /~,g TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 1'197'1 5 200] Southold Tomt Clerk MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or freud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: March 14, 2001 including bidding requirements, contract, general and special conditions, specifications, contrect drewings, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on boffom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SEEDING OF (20,000 S.Y.) SPORTS PLAYING FIELD - Peconic Lane Park PECONiC LANE, PECONIC, NEW YORK 1'1958 and all other work in connection therewith, in accordance with the contrect documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: This item will include all of the work required for the clearing, grubbing, grading and seeding of the sports field as outlined in the plans and specifications; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contrect pursuant to such proposal and to the requirements of the Town and shall fail to give the required secudty within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Telephone Number: Date: /~ g~.~/~ ¢~_~ Business Address: Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fore distdct or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each pady thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition1 as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certificationj and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: be Seeding of a (20,000 S.Y.) Sports Playing Field - Peconic Lane Park Peconic Lane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such certificate this corporate b~dder shall be liable under the.,~enalties of perjury. The foregoing is true and correct ~'4 ( (/~, I '-~ // ~./].o /~. copy of the resolution adopted by ~'~ "l Of/l-,~ ~ ~ ~ ~ corporation at a meeting of the , / //I / / Board of Directors, heldonthe )/ dayof ~LJJ')/21 I ,--A.~-0° / (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September l, 1965 Seeding of Playing Field E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Certifies that: 1. (Bidder) U I intend to use the following listed construction trades in the work under the contract_ ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: ; and, I will obtain from each of my subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Auth~ized RepreSentative of Bidder) Seeding of Playing Field F-1 OFFER OF SURETY (To be completed by Each Bidder) In the event the above proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: ~ SURETY COMPANY Signed: /"~f ~(Bidd r)~ CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded (Bidder's Name) r/ (Suret~c~Company) ~ will execute the Surety Bonds as herein-before provided. Signed: '~~~Authori~,e'd O~, Agen~'~"o~"~Attorney Date: ~'.~/- 3/ ~ f IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. Seeding of Playing Field G-1 THE A ERICAN INSTITUTE OF J .CHITECTS AI A Document A3 7 0 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatw,e, _. as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Sure~, hereinafter call~ the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of ~~/ Dollars ($ ), for th~ payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselv~, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the Obli8~ shall accept the bid o[ the ~i~l and Ihe ~1 enter into a Contract wi~ t~ ~li~ In ~cco~nce with the te~s ot such bid, and 8i~ s~ ~ or ~s ~ ~y ~ s~cifi~ in Ihe biddin8 o~ C~lra~ ~m~U ~th ~ a~ su~cien~ sum~ for the ~ailh~l ~a~e ol s~h Contra~ a~ for the prompt s~ ~act a~ 8ive such ~nd or ~nds, if the PH~Jpal shall pay ~o t~ ~i8~ the dlff~ce ~t ~o ~c~ Ihe ~nal~ ~r~f ~n ~ a~nt s~cifi~ in ~id bid a~ su~ larser a~nt ~ ~tch ~he O~ls~'maY in 8~ faith con~act in full fore a~ Signed and sealed this day of (Title) (Seal) AIA OOCUMENT A.11! · BID IONO · AIA ~ · FEBRUARY 1970 ED · THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE., N.W., WASHINGTON, O.C. 2~006 t ', PROPOSAL FORM NAME OF BIDDER: Timothy Coffey Nursery/ DATE: Landscape, SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEWYORK 11971 TO: Inc. 4/4/o ~RECEIVED APR 5 200] MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the contract documents dated: ~[arcb ]4, 2007. including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: acknowledgment of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SEEDING OF (20,000 $.Y.) SPORTS PLAYING FIELD - Peconic Lane Park PECONIC LANE, PECONIC, NEW YORK 11958 and all other work in connection therewith~ in accordance with the contract documents and addenda, if any, prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, Southold, New York 11971, and shall comply with all the stipulations contained therein and that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: This item will include all of the work required for the clearing, grubbing, grading and seeding of the sports field as outlined in the plans and specifications; and any other reasonably inferred items required to complete the items referenced herein and all in accordance with the Contract Documents. The above referenced activities will be completed for the stipulated "lump sum" of: Twen%y Thousand Nine Hundred Sixty-Nine and 00/100 ............. $20,969.00 (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the ten (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of receiving the bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of fody-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Telephone Number: Date: 4/4/01 Business Address: 44900 Route 25 Southold, NY 11971 Seeding of Playing Field D-1 STATEMENT OF NON-COLLUSION (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public department, agency, or official thereof or to a fora district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION ResolvedthatTimothy Coffey of TimothyCoffeyNursery/Landscape,InC.be (Name) (Name of Corporation) authorized to sign and submit the bid or proposal of this corporation for the following Project: Seeding of a (20,000 S.Y.) Sports Playing Field - Peconic Lane Park Peconic Lane, Peconic, NewYork 11958 and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis- statements in such cedificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. '103-d, as amended effective September 1, t 965 Timothy Coffey twelfth Nursery/Landscape, Inc. dayof March ,1997 Seeding of Playing Field E-1 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION Timothy Coffey Nursery/Landscape, Inc. (Bidder) Certifies that: 1. I intend to use the following listed construction trades in the work under the contract_ No subcontractors ; and, as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: None ; and/or, as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man- power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore- mentioned area subject to these Bid Conditions, these trades being: None ; and, I will obtain from each of my subcontractors and submit to the contracting or administering agency pr~ subcontractor certificjafion (Sign~a~o / :~to the award, of any subcontractor under this contract the ~re~.~,f'~se Bid Conditions. ied Representative of Bidder) Seedling of Playing Field F-1 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed). ~ (Corporate (if any) Pres i dent Company Name TimothyCoffey Nursery/ Landscape, Inc. Bid on YEAR 2001 ~dcwalks at Lovc Lane, Mattituck Grubbing, Grading & Seeding of a Sports Playing Field Peconic Lane Park Peconic Lane Peconic, NY 11958 INVITATION TO BIDDERS: GRUBBING GRADING & SEEDING OF A SPORTS PLAYING FIELD Peconic Lane Park Peconic Lane Peconic, New York 11958 DATE: March 14, 2001 ENGINEERING DEPARTMENT Southold Town Hall, Southold, New York INVITATION TO BID PROJECT: Seeding of a (20,000 S.Y.) Sports Playing Field - Peconic Lane Park Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for theseeding of a sports playing field @ Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. The proposal form will consist of individual construction items of work specified and detailed in the contract documents. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until IO;OOAM, Thursday, CP~IL .5 ,200 I. All specifications are provided herein: drawings to be attached. A fee often dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: JRu, Zoo BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Seeding of Playing Field A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal ...~ t h~ accepted or considered unless accompanied by a guaranty in the form of~i~id-bond or certified che~ in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. Seeding of Playing Field B-1 D, PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. F, WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. Seeding of Playing Field B-2 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than thirty (30) working days. Seeding of Playing Field B-3 INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders Index to Specifications Proposal Form Statement of Non-Collusion N.Y.S Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Construction Facilities & Temporary Controls Substitutions DIVISION TWO - SITE WORK Site Preparation Site Grading & Seeding A - 1 through A - 1 B - 1 through B - 3 C- 1 through C- 1 D- 1 through D- 1 E - 1 through E - 1 F- 1 through F- 1 AIA Document# A310 G - 1 through G - 1 AIA Document # A201 H - 1 through H - 2 K - 1 through K - 1 L - 1 through L - xx M - 1 through M - 2 N - 1 through N -8 1010 - 1 through 1010 - 1 1500 - 1 through 1500 - 1 1600 - 1 through 1600 - 2 2100- 1 through 2100- 1 2800 - 1 through 2200 - 2 INDEX TO DRAWINGS: SP - I SITE PLAN (SEE ATTACHED) Seeding of Playing Field C-1 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MA~NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 303 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suoervisor Jean W. Cochran to sign an Agreement between the Town of Southold and the lowest resoonsible bidder for the ~rubbin~, seedin~ of the soorts olavin~ fields at Peconic Lane Park, subject to thc approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO: FROM: DATE: RE: SUFFOLK TIMES - ATTENTION: CLASSIFIED BETTY NEVILLE 3/19/2001 CLASSIFIED ADS Number of pages being faxed 3 including cover page If total transmittal is not received, please call 631 765-1800. fax 631 765-6145 Two (2) Classified Ad for publication in the Thursday, March 22, 2001 edition newspaper: THANK YOU. Please acknowledge receiot of this legal notice by signing below and returning by fax to 765-6145, attention: Betty Neville. Thank you. Received By Date 1~/03 '01 M0N 15:04 FAX 516 765 6145 SOUTROLD CLERK ~001 *** TX REPORT ************************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION iD ST. TIME USAGE T PGS. SENT RESULT 2321 2983287 Suffolk Times 19/03 15:03 00'56 3 OK TOWN CLERK REGISTRAR OF VITAL STATISTICS ALa_REIAGE OFFICER RECORDS IVkiNAGENIENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 M~in Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 7654800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO: FROM: DATE: RE: SUFFOLK TIiVIES - ATTENTION: CLASSIFIED BETTY NEVILLE 3/19/2001 CLASSIFIED ADS Number of pages being faxed 3 including covet page If total trm~smittal is not received, please call 631 765-1800. fax 631 765-6145 Two (2) Classified Ad for publication in the Thursday, March 22, 2001 edition newspaper: THANK YOU. Please acknowledge receiot of this le£al notice by signing below and r~turnln~ by fax to 765-6145, attention: Bett~ Neville. Thank you. LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the grubbing, grading and seeding of the Peconic Lane Park. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Southold, New York, Monday through Friday from 8:00 a.m. to 4:00 p.m.. A fee of $10.00 made payable to the Southold Town Clerk will be required for a copy of the bid specifications. No refunds will be made The sealed bids, together with a Non-Collusive Bid Certificate and bank draft or certified check in the amount of $100.00, will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, April 5, 2001, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on the grubbing, grading and seeding of the Peconic Lane Park.", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: March 16, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 8 AND MARCH 15, 2001, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney James McMahon Jamie Richter Ray Jacobs, Superintendent of Highways Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been anived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond fumished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Company Name Bid on YEAR 2001 Sidewalks at Love Lane, Mattituck LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the grubbing, grading and seeding of the Peconic Lane Park. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Southold, New York, Monday through Friday from 8:00 a.m. to 4:00 p.m.. A fee of $10.00 made payable to the Southold Town Clerk will be required for a copy of the bid specifications. No refunds will be made The sealed bids, together with a Non-Collusive Bid Certificate and bank draft or certified check in the amount of $100.00, will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, April 5, 2001, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on the grubbing, grading and seeding of the Peconie Lane Park.", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: March 16, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 8 AND MARCH 15, 2001, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney James McMahon Jamie Richter Ray Jacobs, Superintendent of Highways Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Company Name Bid on YEAR 2001 Sidewalks at Love Lane, Mattituck LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for the grubbing, grading and seeding of the Peconic Lane Park. Bid specifications may be picked up at the Town Clerk's office, 53095 Main Road, Southold, New York, Monday through Friday from 8:00 a.m. to 4:00 p.m.. A fee of $10.00 made payable to the Southold Town Clerk will be required for a copy of the bid specifications. No refunds will be made The sealed bids, together with a Non-Collusive Bid Certificate and bank draft or certified check in the amount of $100.00, will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, April 5, 2001, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on the grubbing, grading and seeding of the Peconic Lane Park.", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: March 16, 2001. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 22, 2001, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney James McMahon Jamie Richter Ray Jacobs, Superintendent of Highways Data Construction Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 0~0-/¢Aday of--//~O.A~ 2001 she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk Cotmty, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice to Bidders: Bid on the grubbing, grading and seeding of the Peconic Lane Park. Opening: 10:00 A.M., Thursday, April 5, 2001 Elizabe~ A.'N~ Southold Town Clerk Sworn to before me this 6~{)'f~t Dayof ]/~//]~.2~ ,2001 (~alified In 8uf~,k ~ Term Expires ~ 8,---~,~0 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Company Name Bid on YEAR 2001 Sidewalks at Love Lane, Mattituck 20/03 '01 TUE 12:22 FAX 51§ 765 6145 SOUTHOLD CLERK ~001 *** MULTI TX/RX REPORT *** TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR 2326 [* 1512449576 [* 16118005243329 [* 17118882329941 [* 18118002582984 [* 32]18009620544 Brown's Letters Burrelle's Info Data Construct Dodge Reports Construct. Info. ELIZABETH A. NEVILLE TOV~N CLEH~ REGISTRAR OF VITAl. STATISTICS 1VIATtRIAGE OFFICER RECORDS MANAGEMENT OFFICER F~EEDOM OF INFORMATION OFFICER Town Hall, 55095Main Road P.O. Box 1179 Southold, New York 11971 F~x(6$1) 765-6145 Telephone(631) 765-1800 OFFICE OF THE TO~CLERK TOWN OFSOUTHOLD FAX TRANSMITTAL TO: CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-5456 BROWNS'S LETTERS 244-9576 BUR,KELLE'S iNFO - 800 524-3329 DATA CONSTRUCTION 888 232-9941 FROM: BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145 DATE: March 20, 2001 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): 1 If total transmittal is not received, please call 631 '765-1800. COMMENTS: ~ PLEASE NOTE THE FOLLOVglNG BID OPENING DATF~kFOR A PREVIOUSLY FAXED BID: 1. Grubbing, Grading & Seeding a Sports Playing Field Rid Onenin~ Date: 10:00 A.M., T. hursdav, Aoril 5, 2001 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 TO: FROM: DATE: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-5456 BROWNS'S LETTERS 244-9576 BURRELLE'S INFO - 800 524-3329 DATA CONSTRUCTION 888 232-9941 BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145 March 20, 2001 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): 1 If total transmittal is not received, please call 631 765-1800. COMMENT S: ~. PLEASE NOTE THE FOLLOWING BID OPENING I~ATF~FOR A PREVIOUSLY FAXED BID: 1. Grubbing, Grading & Seeding a Sports Playing Field Bid Opening Date: 10:00 A.M., Thursdaw Anril 5, 2001 Please acknowledge receipt of this information by signing below and returning a faxed copy to me at 631 765-6145, attention: Betty Neville. Thank you. Received by Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO: FROM: DATE: RE: SUFFOLK TIMES - ATTENTION: CHRISTINA WEBER BETTY NEVILLE 3/20/2001 LEGAL NOTICES Number of pages being faxed 2 including cover page If total transmittal is not received, please call 631 765-1800. fax 631 765-6145 One (1) Notice to Bidders, for publication in the Thursday, March 22, 2001 edition newspaper: THANK YOU. NOTICE TO BIDDERS FOR GRUBBING & SEEDING Please acknowledge receiot of this legal notice by signing below and returning by fax to 765-6145, attention: Betty Neville. Thank you. Received By Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 TO: FROM: DATE: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-5456 BROWNS'S LETTERS 244-9576 BURRELLE'S INFO - 800 524-3329 DATA CONSTRUCTION 888 232-9941 BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145 March 20, 2001 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): 2 If total transmittal is not received, please call 631 765-1800. COMMENT S: PLEASE PUBLISH THE FOLLOWING DESCRIBED BID IN YOUR PUBLICATION AT YOUR EARLIEST CONVENIENCE: 1. Grubbing, Grading & Seeding a Sports Playing Field Bid Opening Date: 10:00 A.M., Thursday, March 29, 2001 Please acknowledge receipt of this information by signing below and returning a faxed copy to me at 631 765-6145, attention: Betty Neville. Thank you. Received by Date 20/03 '01 TUE 1]:02 FAX 516 765 6145 SOI~HOLD CLERK *** TX REPORT ~ 001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. SENT RESULT 2324 2983287 Suffolk Times 20/03 11:02 ' 00'51 2 0M ELIZABETH A. NEVILLE TOWN CLERK I~EGISTI{Ai~ OF VITAL STATISTICS MARR/AGE OFFIOER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Tovzn I-Iall, 53096 Main Road P.O. Box 1179 Souehold, New York 11971 Fax (631) 765-6145 Telephone (631) 755-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO: FROM: DATE: RE: SUFFOLK TIMES - ATTENTION: CHRISTINA WEBER BETTY NEVILLE 3/20/2001 LEGAL NOTICES Number of pages being faxed 2 including cover page If total transmittal is not received, please call 631 765-1800. fax 631 765-6145 One (1) Notice to Bidders, for publication in the Thursday, March 22, 2001 edition newspaper: THANK YOU. NOTICE TO BIDDERS FOR GRUBBiNG & SEEDING INVITATION TO BIDDERS: GRUBBING GRADING & SEEDING OF A SPORTS PLAYING FIELD Peconic Lane Park Peconic Lane Peconic, New York 11958 DATE: March 14, 2001 ~'][~f~'~TI'~I SOUT.O.D TOW. [ Il-"! II JJl ENGINEERING DEPARTMENT J[ Z-"/J[ J~l Sou~o,dTow...,,.So.tho,d..ow~o~ INVITATION TO RID PROJECT: Seeding of a (20,000 $.Y.) Sports Playing Field - Peconic Lane Park Peconic Lane, Peconic, New York 11958 The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for theseeding of a sports playing field @ Peconic Lane Park, Peconic Lane, Peconic, New York 11958, in accordance with the Drawings & Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Southold Town Hall, 53095 Main Road, Southold, New York 11971. The proposal form will consist of individual construction items of work specified and detailed in the contract documents. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, NewYork 11971, until IO:OOAM, Thursday, RPRIL ,5 ,200 I. All specifications are provided herein: drawings to be attached. A fee of ten dollars ($10.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR SHALL NOT withdraw his bid during this period. Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the Base Bid will be required of each bidder. Please advise if you intend to bid or not. Dated: J~, ~)01 ~.oo! BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk Seeding of Playing Field A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. Seeding of Playing Field B-1 D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical, a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right, to waive any technical error, to accept any bid, or to · reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. Seeding of Playing Field B-2 I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within ten (1 O) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than thirty (30) working days. Seeding of Playing Field B-3 INDEX TO SPECIFICATIONS: BIDDING REQUIREMENTS Invitation to Bid Instructions to Bidders index to Specifications Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AIA Bid Bond Offer of Surety GENERAL CONDITIONS AIA General Conditions Supplementary General Conditions General Release Prevailing Wage Rates Non-Discrimination Clause Compliance with the Labor Law & Other Dept. of Labor Regulations DIVISION ONE - GENERAL REQUIREMENTS Summary of Work Construction Facilities & Temporary Controls Substitutions DIVISION TWO - SITE WORK Site Preparation Site Grading & Seeding A - 1 through A - 1 B - 1 through B - 3 C - 1 through C - 1 D - 1 through D - 1 E - 1 through E - 1 F - 1 through F - 1 AIA Document # A310 G - 1 through G - 1 AIA Document # A201 H - 1 through H - 2 K - 1 through K - 1 L - 1 through L - x~ M - 1 through M - 2 N - 1 through N -8 1010- 1 through 1010- 1 1500 - 1 through 1500 - 1 1600- 1 through 1600 -2 2100- 1 through 2100- 1 2800 - 1 through 2200 - 2 INDEX TO DRAWINGS: SP - ! S[']'E PLAN (SEE ATTACHED) Seeding of Playing Field C-1 T n E A M E R I C I N $ T I T U T E F A R C H I T E C T S AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1906, 1967, 1970, 1976, @1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without writlen permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions, 1CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AI~ ~ ~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION" FOURTEENTH EDITION AIA® · ~ 1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, DC. 20006 A201-1987 1 INDEX Aeceptsnce of Noncontormlng Work ..... 9.6.6, 9.9.3, 12.3 Access to Work 3.16,6.2.1, 12.1 Accident Prevention 42.3, 10 Acts and Omissions 32 I, 32.2, 33.2,3128, 318, 42.3, 4.32, Addenda I 11,3.11 Additional Cost, Claims for 4.36, 437, q.3.9,61.1, 10.3 Additional Inspections and Testing .... 4.2.6,9.8.2, 122.1, 13.5 Additional Time, Claims for ........... 4.3.6, 4.3.8, 4.3.9, 83.2 Aesthetic Effect 4.2.13,4.5.1 Allowances ..................... 3.8 All-risk Insurance 11.3.1.1 Ap~icatlonsforPayment .. 4.2.5,7.3.7,9.2,5.3,94,9.5.1,9.6.3, Approvals . 24,3.3.3,3.5,3.10.2,3.12.4through3.12.8,318.3, Arbitration 4.14, 432, 4.3.4, 4.4.4, 4.5, Architect 4.1 Architect, Extent of Authority ..... 2.4, 3.126, 4.2, 4.3.2, 4.36, A rchltent's Administration of the Contract ...... 4.2,4.3.6, 43.7, 44, 9.4, 9.5 Architect'sAuthoritytoRejectWork. 3.5.1,426, 121.2, 122.1 Architect's Copyright .........................1.3 Architect's Decisions ....... 4.2.6,4.2.7,4.2.11,4.212,4.2.13, Architect's Inspections ........ 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, Architect's Interpretations ............... 4.2 I I, 4.2.12, 4.37 Architect's On-Site Observations ..... 4.2.2,42.5,4.3.6,9.4.2, 426+4.2.12,5.2,6.2.2,73.4,982, 1137, 12.1, 13.5 Architect's Relationship wOh Subcontractors .... 1.1.2,4.2.3,4.2.4, Award of Subcontracts and Other Contracts for Porllons of the Wo~ ......................... 5.2 Basic Definitions ................................ 1.1 Bolter and Mechlnery Insurance .............. 11.3.2 Building Permit ......... 3.7. l Capitalization 1.4 Certificate of Substan0al Completion 9.82 Centflcate~ for payment 4.25,429+9.3.3,9.4,9.5,9.6.1, Certificates of Inspection, Testing or Approval 3.12.11, 13.54 Certificatesoflnsurance 93.2,9.102, 11 I 3 Change Orders, Definition of 721 Changes ............................... 7.1 CHANGES IN THE WORK 3.11,4.2.8, 7, 8 3 1,9.3.1 .'1, 10.1.3 Cl3im, DeflnlUo~ of ................. 4.3.1 Ct,.Im$ and DIsputes 4.3,4.4,4.5,6.2.5,8.3.2, Claims snd Timely Assertion of Claims 4.5.6 Claims for AddlUonal Cunt ..... 4.36, 4.3.7, 43.9, 6.1,1, 10.3 Claims for Additlorml Time ............ 4.3.6,4.3.5,4,3.9,8.3.2 Claims for Concealed or Unknown Conditions ......... 4.3.6 Claims for Damages..3.18, 4.3.9, 6.1.1,6.2.5, 8.3.2, 9.5.12, 10.1.4 Claims Subject to Arbitration 432+ 44.4, 451 Cleaning Up 3.15,6.3 Commencement of Ststutory Llmltsflon Period ....... 13.7 Commencement of the Work, Conditions Relating to ..... 2.1.2, Commencement of the Work, Definition of ......... 8.1.2 Communications Facilitating Contract Administration .................... 3.9,1,42.4, 5.2.1 COMPLETION, PAYMENTS AND .................. 9 98, 991, 12.2.2, 137 Concealed or Unknown Conditions ................. 4.3.6 Conditions of the Contract ........... IA.l, 1.l.7,6.11 Consent, Written ................ 1.3.1,3.12.8,3.14.2,4,1,2, CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .......................... 1.1.4,6 Construction Change Directive, Definition of .......... 7.3.1 Construction Chenge Directives 1.1. I, 4.2.8, 7.1,7.3, 9.3.1.1 Const ruction Schedules, Cont factor's ............. 3.10,6.1.3 Contingent Assignment of Subcontracts .............. 5.4 Continuing Contract Performance .......... 4.3.4 Contract, Definition of .................. 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .......... 43.7, 5.4.1.1, 14 Contract Administration ........... 33.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 371, Contrect Documents, The 1.1, 12,7 Contract Documents, Copies Furnished and Use of 1.3, 2.2.5, 5.3 Contract Documents, Definition of ............... I. I. I Contract Per formance During Arbit ration ........ 434,4.5.3 Contr$Ct Sum ................ 3.8,4.3.6,4.3.7,4.44,5.2.3, Contract Sura, De finition o f ......................... 9.1 Contract Time ............. 436,4.3.8,4.4.4,7.2.1.3,7.3, Cunt tact Time, DefinlUOrl o f .......................... 8.1.1 2 A201-1987 AIA DO~U~{ENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ©I987THEAMERICANINSTITUTEOFARCHITECTS, [735NEW YORK AVENUE, N.W,WASHINGTON, D.C 20OO6 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal I~OSecuflon. CONTRACTOR .................................... 3 Contractor, Definition o f ............... 3.1, 6.1.2 Contractor's Bid 1.1.1 Contractor's Conetructlon Scheduies ........... 3.10,6.1.3 Contractor's Lieblllty Insurance .............. 11.1 Contractor's Relationship with Separate Contractors Contractor's Relationship with Subcontractors ....... 1.24, 3.3.2, Contractor's Responsibility for Those Performing the Work ......... 3.3.2, 3.18, 42.3, 10 Contractor's Review of Contract Documents 122, 3.2,373 Contractor's Right to Stop the Work ............. 9.7 Contractor's Right to Terminate the Contract ......... 14.1 Contractor's Submittals 3.10, 3.11,3.12, 4.27, 52.1, 5.2.3, 736, 9.2, 93.1, 98.2, 9.91,9.10.2, Contractor's Superintendent ............ 3.9, 102.6 Contractor's Supetwision and Construction Procedures 124, 3.3, 3.4, 4.2.3, 82.2, 82.3, 10 Coordination and Correlation .......... 1.22, 1.2.4, 3.3.1, Copies Furnished of Drawings and Specifications . . . 1.3,2.2.5,3.11 Correction of Work .................. 23,2.4,4.2.1,9.8.2, Cost, Definition of ....................... 7.3.6, 14.3.5 Costs 2.4,321,3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.37, 43.8.1, 5.2.3, CutUng end Patching ..................... 3.14,6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, Damage to the Work .... 3.14.2,99.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for . 3.18, 4.3.9, 6.1.1,6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Damages for Delay ................... 6.1 .I, 8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definition o f ............. 8.1.3 Day, Defini0on of .............................. 8.1.4 Decisions o f t he Architect ...... 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, Declelone to Withhold Certification 9.5, 97, 14.1.13 Defective or Nonconforming Work, Acceptance, Rejec0on and Correction of ......... 2.3,2.4,35.1,4.2.1, Defective Work, Definition of 3.5.1 D~y* and E)don$ion$ o1 Time 4.3.1,4.3.8.1,4.3.8.2, Disputes ........... 4.1.4, 4.3, 4.4, ~1.5, 62.5, 6.3, 7.3.8, 9.3. 1.2 Documents and Samples at the Site ................... 3.11 Drawings, Definition of ............................. 1.1.5 Drawings and Specifications, Use and Ownership of ..... 1.1.1, 1.3, Duty to Review Contract Documents and Field Conditions 3.2 Effective Date of Insurance ................. 8.2.2, 11.1.2 Emergencies ................ 43.7,10.3 Employees, Contractor's ...... 33.2, 3 .t 2, 3.8.1,3.9, 318.1, Equipment, Labor, Materials and 1.1.3, 1.1.6, 3.4, 35 I. 62 l, 736~932, 933, 11.3, 12.2.4, 14 Execution and Progress of the Work 1.13, 1.23, 32, 341, 351, 422, a, 23, 434, 438, 62.2, 7.1.3, 7.39, 82, 8.3, 95, 99 l, 102, 14.2, 143 Execution, Correlation and Intent of the Contract Documents 1.2, 3.7 l Extensions of Time ........ 43.1,4.3.8,721.3,8.3,10.3.1 Failure of Payment by C6nt rector ........ 9.51.3, 14.Z.1.2 Failure of Payment by Owner 4.3.7,9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Compietion end Final Payment .... 4.2.1,4.2.9,43.2, Financial Ar rangements, Owner's ....... 2.2.1 Fire and Extended Coverage Insurance ......... 113 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials 10.1, 10.24 Identification of Contract Documents 1.21 Identification of Subcont factors and Suppliers ...... 5.2.1 Indemnlficetlon 3.17,3.18,910.2,10.1.4,11312,11.37 Information eM Seevices Required of the Owner ..... 2.1.2,2.2, Injury or Damage to Person or Property ......... 4.3.9 Inspections .................. 3.3.3, 3.3.4, 371,4.2.2, 4.2.6, 429, 43.6, 94.2, 9.8.2, 9.9.2, 910.1, 13.5 Instructions to Bidders 1.1 I Instructions to the Contractor 38.1,428, 5.2.1, 7, 12.1, 1352 Insurance ...... 4.3.9.6.1.1,736.4,932, 9.8.2, 9.9.1,9.10.2, 11 Insurance, Bolier end Machinery .......... 11.3.2 Insurance, Contractor's Liability ................ 11.1 Insurance, Effective Date of .......... 8.2.2, 11.1.2 Ineumn(~, LO~$ o~ U~) ................ 113.3 Insurance, Owner's Lieblilty .............. 11.2 Insurance, Property 10.2.5,11.3 Insurance, Stored Materials .............. 93.2, 11.3A.4 INSURANCE AND BONDS .......................... 11 Insurance Companies, Consent to Partial Occupat/cy . 9.9.1, l 1.3.11 Insurance Companies, Settlement with ............... 11.3.10 Intent of the Contract Documents ...... 1.2.3, 312.4, 4.2.6, 4.2.7, 4.2.12, 42.13, 74 Interest 13.6 Interpretation ...... 125,14,1.5,411,4.3.1,5.1,6.1.2,814 Interpretations, Written 4.211,4.2.12, 43.7 Joinder and Consolidation of Claims RequireB .~ ...... 4.5.6 Judgment on Final Award ......... 4.5.1,45.41,4.8.? Labor Disputes 83.1 LlmltaUon on Conso6datlon or Jolnder .............. 4.5.5 Limitations, Statutes of ........... 4.54.2, 12.2.6, 13.7 AIA [~UMENT ~01 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASH{NGTON. D C 20OO6 A201-1987 3 317, 3.18, 42.6, 427, 4.212, 6.2.2, 9.4.2, 96.4, 9.10.4, Limitations of Time, General 221,2.2.4, 3.2.1,373, 382, 310, 3.125, 315 I, 421,427, 4211, 432, 433, 4.3.4,436, `139, 45.'t.2, 521, 5.2.3, 6.2.4, 734, 74, Limitations of Time, Specific ..... 2.1.2, 2.2 i, 2.4, 3. l O, 3.11, 3151, 421, 4211, 43, 4.4, 45, 5.3, 5.4, 7,3.5, 7.3.9, 82, Loss of Use Insurance ................ 11.3.3 Materials, Hazardous .................. 10.1, 10,24 Materials, Labor, Equipment and 1.13,1.1.6,3.4,3.5.1,382, 7.36, 9.32, 9.3.3, 12.2.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1,4.23, 42.7, 9.4.2 Minor Changss In the Work ..... 1 I 1,4.28,4.37,7A,7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of ........ 11. ] ModificationstotheContract .... I 11, 112,3.7.3,3.11, Mutual Responsibility ................... 6.2 Nonconforming Work, Acceptance of ............... 12.3 Nonconforming Work, Reiection and Correction of ........ 2.3,1, Notice 2.3, 2,4, 3.2.1,3.2.2, 3.73, 37.4, 3.9, 3.128, Notice o f Testing and Inspections ............. 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Noti~, Permits, F~.a and .... 2.23, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Architect'sOn-Site ............... 4.2.2,4.2.5, Observations, Contractor's ...................... 1.2.2, 3.2.2 Occupancy ............... 9.6.6, 9.8.1,9.9, 113.11 On-Site Inspections by the Arch fiect ...... 42.2,4.2.9,4.3.6, 9.42, 98.2, 9.9.2, 9101 On Site Observations by tfie Architect .... 4.2.2, .t.2.5, `13.6, Orders, Written 2.3, 39, 43.7, 7, 82.2, I 1.3.9, 12.1, 122, 1352, 14.31 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the ....... 21.2, Owner'sAuthority 38.1,4.13,429, 521,5.2.4,5.41, Owner's Financial Capabilit y .............. 2.2.1, 14.1.1.5 Ow net's Llabltity Insura nee ..................... 11.2 Owner's Loss of Use Insurance ................... I 1.3.3 Owner's Relationship with Subcontractors ............... 1.1.2, Owner's Right to Carry Out the Work ...... 2.4, 12.2.4, 14.2.2,2 Owner's Right to Clean Up ...................... 6.3 Owner's Right to Perform Construction and to Award Separets Contrects 6.1 Owner's Right to Stop the Work 2.3, 4.37 Owner's Right to Suspend the Work 143 Owner's Right to Terminate the Contract ............. 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents I I ]. 1.3,225, 5.3 Partial Occupancy or Use 96.6,9.9, ll3l] Patching, Cuffing and 3.14, 626 Patents, Royalties and . 3.17 Payment, Applications for 42.5, 9.2, 9.3, 9.4, Payment, Certificates for 4.2.5, 4.2.9, 9,3.3, 9.4, 9.5, Payment, Failure of 4.3,7, 9513, Payment Bond, Pedormance Bond and 7.3.6.4, Payments, Progress 434, 9.3, 96, 983, 9.103, 136, 1423 PAYMENTS AND COMPLETION ....... 9, 14 Payments to Subcontractors $4.2,9513, 96.2, 9.63, 9.64, 113.8, 14.2 I 2 PCB I01 Performance Bond and Payment Bond 7.364, Permits, Fees and Nolice$ ..... 2.2.3, 3.7, 313, 7.3.6.4, 10.22 PERSONS AND PROPERTY, PROTECTION OF ........... 10 Polychlorinated Biphenyl 101 Product Data, Definition o f 3.122 Product Dais and Samples, Shop Drawings 3 tl,3.12, 4.2.7 Progress and Completion 422, 4.34, 8.2 Progress Payments 4.3.4, 9.3, Project, Definition of the .................. 1.1.4 Pro}ect Mantlet, Definition of the ............. 1.1.7 Project Manuals 2.25 Project Represent atives 4.2.10 Property Insurance .......................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ....... 10 RejecOon of Work 3.51, 4.26, 12.2 Releases of Waivers and Liens 9.10.2 Representations ............. 12.2.3.5.1,312.7, 022, 821, 9.3.3, 9.4.2, 95.1,9.8.2,9101 Representatives 2.1.1, 3.1.1,3.9, Resolution of Claims end Disputes .......... 4,4,4 5 ResponsibilRy for Those Performing the Work 3.3.2, 4.23, 61.3, 6.2, 10 Retainage ........ 931,9.6.2,9.8.3,991,9102,9.10.3 Review of Contract Documents and Field Conditions by Contractor ...... 1.2.2, 3.2, 3.73, 3127 Review of Contractor's Submittals by 427, 4.2.9, 52.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor ................ 3.12.5 Rights enll{ Rffindles ............ 1.1.2, 2.3, 24, 3.5.1,3.15,2, Royalties and Patents ..................... 3.17 4 A201-1987 AIA [X)CU~EN'f A~01 ,, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIAe · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D C. 20006 Rules a nd Noticas for AKoltmflon ................. 4.5.2 Safety of Pemons and properly ................. 10.2 Safety Precautions anti Programs ......... 42.3,427.10.1 Samples, Definition of ............... 3.12.3 Samples, Shop Drawings, Product Data and .31 l, 3.12, 427 Samples at the She, Documents end 3.11 Schedule of Values 9.2,9.3 I Schedules, Construction 3 [0 Separate Contracts and Contractors ....... I 14, 3.1 'La, 424, Shop Drawings, Definition of ............... 3.12.1 Shop Drawings, Product Data and Samples 3 I 1,3.12, 4.2.7 Site, Use of ..................... 3.13, 6.11.6.2.1 Site Inspections . .1.2.2,3.34,4.22,4.2.9,4.3.6,9.8.2,9,10.1, 13.5 Site Visits, Architect's ............. 4.2.2, 4.25, 4.29, 436, Special Inspections and Testing 426, 122.1, 135 Specifications, Definition o£ the 1.1.6 Statutes of Limitafions ................ 4.5.4.2, 12.26, 137 Stopping the Work 2.3, 4.3.7,97, 10,1.2, 10.3, 141 Stored Materials 6.2.1,932, 10.212,113.1.4,12.2.4 Subcontractor, Definition of 5.11 SUBCONTRACTORS 5 Subcontractors, Work by ............... 1.2.4,3.3.2,3.12.1, 4.23, 5.3, 54 S ubcontmctual RelaUons .......... 5.3, 5.4,9.31.2,9.6.2, Submittals ....... 1.3, 32.3, 3.10,311,312,4.2.7,52.1,5.2.3, Subrogation, Wafvers of ................ 61.1, 113.5, 11.3.? Substantlaf Completion ........... 4.2.9, 4.3.5.2, 8.11,8.1.3, Substantial Completion, De finifion o f 9.81 Substitution of Subcontractors ............. 523,524 Substitution of the Architect ................. 4,13 Substitutions o f Materials ........................ 5.5.1 Sub-subcont factor, Definition o f .................. 5.12 Subsur face Conditions 4.3.6 Succa~som and A~$1gns ..................... 13.2 Superintendent ............................... 3.9, 10.26 Supervision and Construction Procadu res ...... 1.2.4,3.3, 3.4, Surety ......... 4.4,1,4.4.4, 5.4.1.2, 9.10.2, 9.103, 14.2.2 Surveys ........................... 22.2, 3.183 Suspenslon by the Owner for Convenience ..... 14.3 Suspension of thc Work ...... 4.3.7, 542, 14 I l 4, 14 '~ SuspensionorTerminationoftheContract 437,5.4 I ],14 Taxes ............. 3.6, 736.4 Termication by the Contractor 14.1 Termination by the Owner forCause 54 I ],14.2 Termination of the Architect Termination o f the Cont factor 1422 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3 ~.3, 4.20, 4.2.9,942, 122 h 13.5 TIME .................. 8 Time, Deleys and Extensions of 438, 72.1,8.3 Time Limits, Specific ..... 21.2, 2.2 l, 2.4, 3.10, 31 h 3.15.1, Time Llmlts on CMims ..... 43.2,4.3.3,436,439,4.4,45 Title to Work 942,9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 436, 831, ]0 l Unit Prices 714,733.2 Use of Documents 1.1.1,13,225,3127,53 Values, Schedule of 9.2,9.3.1 Waiver of Claims: Flnaf Payment 4.3.5,4.5.1,9.10.3 Waiver of Claims by the Architect 13.4.2 WaiverofClaimsbytheContractor. 9.1/).4, 113.7, 1342 Waiver of Claims by the Owner 435,451,993, 9103, I133, 113.5, 1137, t3.42 Waiver o f Liens 9102 Warranty and Warran0es 3.5,4.2.9, 4.3.53, 933,982, 991, 122.2, 13.7 I 3 Weather Delays 4.382 When Arbitration May Be Demanded 4.5.4 Work, Definitio[r of I 1.3 Written Interpretations .............. 4211,4212,4.3.7 Wrltlen Not~:e ...... 2.3, 24, 39, 3.12.8, 3129, 4.3, 4.44, Written Orders 23, 3.9, 437, AIA DOOUMENT A~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AlA® * ©I987TttEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK ^VENUE, NW.,WASHINGTON, D C.20006 WARNING: Unlicensed photocopying vloiste$ U.S. copyright laws and is subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (Gener:fl, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written an~endment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisemeot or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (l) between the Architect and Con tractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Arcbitect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors, 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services, 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications, 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documems, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with requise- merits of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor, The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shalI be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub subcontractor or material or equipment stlpplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work, The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the 6 A201-1987 AIA DOCUMENT A~01 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ¢* FOURTEENTH EDITION AIA® · ©1987 THEAMERICAN INSTITUTEOFARCNITECTS, 1735NEW ¥ORKAVENUE, NW, WASHINGTON. D C 20006 WARNING: Unlicensed ~hotOCOE~lna violates U.S. col)vrfllht laws and Is sub~ect to legal p~osecut~)n. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects, 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect tbe interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest tberein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence uz~re furnished on request prior to the execution of required to execute the Agreement or to commence the Worla.] 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- ments and charges required for construction, use or occupancy of permm~ent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable prompmess to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in thc Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other dudes and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 1 1 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Cc~ntractor fails to correct Work whicfi is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period, If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure, Such action by the Owner and amounts charged to tb¢ Contractor are both subject to prior approval of tbe Arcbi- tect. If payments then or tfiereafter due the Contractor are not sufficient to cover such anlounts, tfie Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The tem~ "Contractor" means the Contractor or the Contractor's authorized representative. AIA IX)CUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA~ · ~)t987 THEAMERICANINST[TUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW.,WASHlNGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is sub~ect to legal pro~.ecutlon. A201-1987 7 3,2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance m~d shall bear an appropriate amount of the attributable costs for correctiorL 3.2.2 The Contractor shall take field measurements and verify field conditions a~d shall carefully compare such fielizl mca surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform tile Work in accordance with the Contract Documents and submittals approved pur suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construe lion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con tract, unless Contract Documents give other specific instruc- tions concerning these matters, 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por lions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub~ sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or per~)ns not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, inodJfications not executed by the Contractor, improper or insufficiem maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Comractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment, 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and sin~ilar taxes for the Work or lSortions thereof provided by the Cob tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect, 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in thc Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for p[oper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded 3.?.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work, 3.1.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinas~ces, building codes, and roles and regula lions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification, 3.7.4 If the Contractor performs Work knowing it to be con trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor sl~all not be required to employ persons or entities against which ti/t, Contractor makes rcasonablc objection. 3.8.2 Unless otherwise provided in fue Contract Documents: .1 materials and equipment under an alk)wance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; 8 A201-1987 AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · ~ 1987 TFIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D C 2OOO6 .3 Contractor's costs for unfi)ading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3,8.22 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3,9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superin{en dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important commpnications shall be confirmed in writ lng. Other communications shall be similarly confirmed off written request in each case, 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work, 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and -allows the Architect reasonable time to review submittals, 3.10.3 The Contractor shall conform to the most recent schedules, 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcomractor, Sub subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged, 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract I~)cuments. The purpose of their sub- mittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in thc Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors Submittals made by the Contractor which are not required by the Contract Documents may be returned without action 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit tat has been approved by the Architect. Such Work shall be in accordance with approved submittals 3.12.7 By approving a~d submitting Shop Drawings, Product Data, San~ples and similar submittals, the Contractor represents tbat the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information comained within such submittals with the requirements of the Work and of tile Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed thc Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Dtaw- ingrs, Product Data, Samples or similar submittals by the Archi tcct's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals, 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3,14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · @1987 THEAMER[CANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW.WASHINGTON, D.C 20006 A201-1987 9 Owner or a separate contractor except with written consent of the Owger and of such separate contractor; such consent sh~l not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise ~ltering the Work 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises :md surround- lng area free from accumulation of waste materials or rubbish caused by operations under the ContracL At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea son to believe that the required design, process or product is an infringement ora patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect, 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ lng but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itsel0 including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.16.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be fimited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3,18 shall not extend.to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of(l) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor'and Architect. Consent sha~l not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration oftbe Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- 10 A201-1987 Al& DO~U~NT A20t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN iNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N '07, WASN INGTON, D.C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws end Is subject to legal prosecution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Admlnlatra- than. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho rized, the Owner and Contractor shall endeavor to communi cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect, Commu nicarions by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner, 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents, Whenever the Architect considers it necessary or ad¥isable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- lng portions of the Work, 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data a~d Sa~nples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions a~d quantities, or for substantiating instvactions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component, 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern lng performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shaJ] not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of m~d reasonably ini~rable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith, 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of tinge or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Amhitect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has falIed to render a decision within agreed time limits, (3} the Architect has failed to take action required under Subparagraph 4.4,4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien, 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes thc condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA DOCUMENT A2Ot · GENERAL CO]NDITIONS OF THE CONTRACT FOR CONSTRUCTIO]N * FOURTEENTH EDITION AIA® · ~)I987THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENLIE, NW,WAS.rIINGTON, DC 2000(, A201-1987 11 4.3.4 Continulr~ C~ntmct Perforn~nce. Pending final reso lufion of a ClaLm including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of CAlms: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in constmcfion activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi tect w~l promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons, Claims by either party in opposition to such determination must be made within 21 days after the Architect l~as given notice of the decision, if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter ruination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Clalma for Additional Co~t. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data 12 A201-1987 substantiating that weather conditions were abnom~al for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on tile scheduled construction. 4.3.9 Injury or Dam~je to Pemon or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 43.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 Ifa Claim has been resolved, the Architect will prepare or obtain appropriate documentation 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controvemles and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Comract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association. and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 clays have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA, DOCUMENT A20t · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ' FOURTEENTH EDITION AIA® · ~) 1987 THE AMERICAN INSTITUTE OF ARCtIITECTS, 1735 NEW YORK AVENUE, NW., WAStn NGTON, DC 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4,5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the Amedcan Arbitration Association cur rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4 4.5.4 When Arbitration May Be Demarlded. Demand for arbi- tration of any Claim may not be made until the earlier of(l) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision nqust be made within 30 days after the date on which the party making the demaiad receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.l and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13,7. 4.5.5 Limitation on Consolidation or Jolnder. NO arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac tot as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as de.scribed in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in m~y court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5,1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub subcomractor or an authorized representative of the Sub subcontractor. 6.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por tion of the Work. The Architect will promptly reply to the Con tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea sortable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. · S, IA DOCU~FA*4T A201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ~)1987THEAMERICANINST[TUTEOFARCHITECTS, 1735 NEW YOEK AVENUE, NW,WASHINGTON, DC 2(XX)6 A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor 5o that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may he at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AHD TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shill make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subiect to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- {ect to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3,15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. 14 A201-1987 AdA [X)CUMENI' A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect 7.1.3 Changes in the Work shall be perforated under appli- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work, subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted, 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tract Time being adjusted accordingly, 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adiustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent age fee; or .4 as provided in Subparagraph 7.3,6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptIy proceed with the change in thc Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Constmcfion Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time 7.3.6 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, inciud lng adjustment in Contract Sum and Contract Time or thc method for determining them. Such agreement shall be effec rive immediately and shall be recorded as a Change Order. 7.3.6 if the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit, in such case, and also under Clause 7.33.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3 6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed: .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Paymem. The amount of credit to be allowed by the Contrac tot to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, tfie allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3,9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- Tent upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA (X)CUM£NT A201 · GENEPJt, L CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ' FOURTEENTH EDITION AIA® · ©I987THEAMERICANlNSTITUTEOFARCHlTECTS, 1735NEWYORKAVENUE, NW,WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal pmsecutton. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of tl~e Contract Documents. Such changes shah be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly, ARTICLE 8 TIME 8.1 DEFINITIONS 8,1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean c-alendar day unless otherwise specifically defined 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work, 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interesLs. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or ,~rchitect, or of an employee of either, or of a separate contractor empk)yed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as thc Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 43. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in ~he Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit m the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected m by the Architect, shall he used as a basis for reviewing the Contractor's Applica 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the A~chitect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retalnage if provided for elsewhere in die Contract Documents, 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders, 9.3.1.2 Such applications may not include requests for pay ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other 9.3.2 Unless otherwise provided in rue Cnmract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing, Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site, 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an AppIication for Payment :ill Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of thc Contractor's knowledge, information and belief, be free and other persons or entities making a claim by reason of having provided labor, materiaIs and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 16 A201-1987 AIA {X)COMENT A201 · GENERAL CONDITIONS OF TIlE CONTKACT FOR CONSTRUCTION · FOURTEENTH EDITION A[A® · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, t 7'~$ NEW YORK AVENUE, N '0V, WASHINGTON, DC 2000(a Owner a Certificate for Payment, with a copy to thc Contrac tot, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's readons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to th& Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa tions are subject to an evaluation of the Work f~)r conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a represent~tion that the Contractor is entitled td payment in the an~ount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections n) check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made exacnination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum, 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment mqd may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner, The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be corn pleted for the unpaid balance of the Comract Sum; .9 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be corn pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .? persistent failure to carry out the Work in accordance with the CoIltmct EX)cuments. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld, 9.6 PROGRESS PAYMENTS 9.6.1 After the Arcbitect has issued a Certificate for Payment, the Owner shMI make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect, 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of tfie arnount paid to the Contractor on account of such Subcontractor's por tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar manner 9.6.3 The Architect will, on request, furnish to a Subcontrac tot, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law, 9.6.9 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven clays after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's rea~sonable costs of shut-down, delay and start up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is~the stage in the progress of the Work when the Work or designated portion thereof is suffi ciently compIete in accordance wifu the Contract Documents so tbe Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is Substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to corn plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- ~,l~ DO~OM,~:NT &201 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION Al^® · ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON. D.C 20006 A201-1987 17 nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on tbe Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When tbe Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub stantial Completion, shall establish resportsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided .in the Certificate of Substantial ComPle- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate, 9.S.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents, 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or pax- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9,9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work fias been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is matefmlly delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5~ 18 A201-1987 AIA DOC~M~'~I' A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ©I9RTTHEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW, WAS}nNGTON, D C. 20006 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- talning and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in [he absence of asbestos or pofychlor!- hated biphenyl (PCB), or when it has been rendered hamlless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To tile fullest extent permitted by law, tile Owner shall indemnify and hold harmless the Contractor, Architect, Archi tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact thc material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such daim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1,4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Conrtactor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement in the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Doculnents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and 3a'chitect. 10.2.? The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety, 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project fs located such insurance as will protect the Contractor from claims set forth below which may arise ()ut of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmcn's compensation, disability benefit and other similar employee benefit acts which are applicable to thc Work to be performed; AIA DOCUMENT A201 "GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA~ · ©1987 TNEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW,WASH[NGTON, D.C. ZOC~16 A201-1987 19 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of tbe Contractor's employees; .:3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such per~)n by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appll cable to tbe Contractor's bbligations under Paragraph 3.18. 11.1.2 Tbe insurance required by Subparagraph 1 1.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- rained after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work, These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the tmal Application for Payment as required by Subparagraph 9.10.2, Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief, 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract, The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully autborized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con tract Sum :ts well e~s subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities wbo are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other IhaD thc Owner has an insurable interest in the property required by this Paragraph 11 3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub subcontractors in thc Work 11.3.1.1 Property insurance shall be on an all risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false work, temporary buildings and debris removM including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensadon for Architect's services and expenses required as a result of such insured loss Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.~.1.2 If the Owner does not intend to purchase such prop erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior, to commencement of the Work. The Contractor may then effect insorance which will protect the interesLs of the Contractor, Subcontractors and Sub subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac tot is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu ments, the Contractor shall pay costs not covered because of such deductibles If the Owner or insurer increases the required minimum deductibles above the anaounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible an~ounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles, 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, tbis property insurance shall cover portions of the Work stored oft' the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit, 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub- subcontractors in thr Work, and the Owner and Contractor shall be named insureds. 11.3.3 LOSS of Use Insurance. The Owner, at the Owner's option, may purcha.~e and maintain sucb insurance as will insure the Owner against loss of use of the Owner's property of thc Owner's property, including consequential losses due to 11.3.4 If the Contractor requests in writing that insurance fi)r risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 20 A201-1987 AIA DOCUMENT Aao1 · GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® * ~) 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC ~0006 WARNING: Unlicensed photocopyin~ violates U.S. copyright laws and is subject to legal prosecution. 11.3,5 If during thc Project construction period thc Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if afier final payment prop erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 1 1.3.7 for damages caused by fire or other perils covered by this separate property insurance. MI separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11,3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ ten notice has been given to the Contradtor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph l 1.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum crated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged, 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub subcontractors in similar 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary, The Owner shall deposit in a separate account pro- reeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.S.ll Partial occupancy or use in accordance with Paragraph 99 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy ox' use by endorsement or otberwisc The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance compmay or companies and shall, without mutual written consent, take no acuon with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract, 11.4.2 Upon the request of any person or enury appearing to be a potential beneficiary of bonds covering payment of obliga tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy n) bc made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Tmte. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with tile Contract Documents, the Contractor shall pay such costs unless the condition was caused by thc Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whetber observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby 12.2.2 If, within one year after the date of Subst~u~tial Comple tion of the Work or designated portion thereof, or after the date ~,1~ OO{~}~ENT 1~201 * GENERAl. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~) 1987 ThE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC. 2OOO0 A201-1987 21 fi, r commencement of warranties established under Sub paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work, This obligation under this Subparagraph 12.2.2 shall survive accep tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which arc not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor bur accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such an~ount, the Contractor shall pay the difference to the Owner 12.2.5 Thc Contractor shall bear the cost of correcting destroyed or damaged consnuction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents Establishment of the time period of one year :ts described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to :he time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to thc Con tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located, 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa tires to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con tract Documents Neither party to the Contract shall assign the Contract as a whole without written consent of the other, if either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligation~ under the Contract 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mall to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu mcnts and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13,4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, an.d shall bear all related costs of tests, inspections and approvals The Contractor shall give the Architect timely notice of when and where tests and inspec tions are to be made .so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until afier bids are received or negotiations concluded 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi tional testing, inspection or approval not included under Sub- paragraph 13 5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. 22 A201-1987 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRAC'r FOR CONSTRUCTION · FOURTEENTH EDITION AIA® · ~}1987 THEAMERICANINSTITUTEOFARCHITECTS, 1735NEWYORKAVENUE, NW.,XXtASHINGTON. I)C ~0006 The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.$.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Doct~ments, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless ofl~erwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.$.$ if the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing, 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, itl the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. AS to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations sbaJl commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. AS to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures m act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, Ihe date of ally correction of the Work or failure to correct the Work by the Contractor under Paragrapfi 12.2, or the date of actual commissinn of any other act or failure to perform any duty or obligation by the Contractor or Owner, wbichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub subcontractor or their agents or employees or any other persons performing portions of tbe Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or otber public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because tile Architect has not issued a Certificate for Payment and has not notified tile Contractor of the reason for withholding certification as provided In Subparagrapb 9A.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 143 constitute in the aggregate more than 100 percent of the total hum-' bet of days scheduled for completion, or 120 days in any 365 day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of O0 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters inEpor- rant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 Thc Owner may terminate the Contract if the .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment ti) Subcontractors for materials .3 persistently disregards laws, ordinances, or rules, rog ulations or orders of a public authority having juris .4 otherwise is guilty of substantial breach ()fa provision 14.2.2 When any of the above reasons exist, the Owner, upon AIA DO<~UMENT A201 · GENERAL CONDITIONS OF THE CONTKACT FOR CONSTRUCTION * FOURTEENTH EDITION AIA® · © 1987 THE AMERICAN iNSTITUTE OF ARCtt [TECTS, 17~*S NEW YORK AVENUE, NW.. WASttlNGTON, DC 21Y, R~ A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .9 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work ts finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. Thc amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for paymem shall survive termina tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contr, tctor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract, 14.3.3 Adjustments made in the cost of performallce may have a mutually agreed fixed or percentage fee. 24 A201-1987 WARNING: Unlicensed ohotocoovioa violates U.S, co~vrIGht laws and is subiect to legal prosecution. 3/87 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A.I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: ... The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation State and Federal: Statutory Employer's Liability $100,000. Seeding of Playing Field H-1 .2 .3 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): Bodily Injury: $1,000,000 Each Occurrence - $1,000,000 Aggregate, Products and Completed Operations. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage): Personal Injury, with Employment Exclusion deleted: $1,000,000 Aggregate. Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION Seeding of Playing Field H-2 GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) Have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, and forever discharge the said (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said , and (Owner/Contracting Agency) JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: supplements thereto. , 201 and any admittance or IN WITNESS THEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its __ this day of ,20 __ Attest: Principal: Seeding of Playing Field K-1 PREVAILING WAGE RATES ATTACHMENT WAGE. DETERMINATION for SEEDING OF PLAYING FIELD at Peconic Lane Park Peconic Lane PECONIC, NEWYORK 11958 Seeding of Playing Field L-1 NEH YORK STATE DEPARTMENT OF BUREAU DF PUBLIC'HORK STATE OFFICE BUILDING CAMF ALBANY, NY i22q0 SCHEDULE 30R, 2000A Date 01/17/01 T/O SOUTHOLD JAHES HCMAHON PO BOX 1179, TOHN HALL SOUTHOLD NY 11971 PRC OlO0~ql SUFFOLK COUNTY Location and Type of Project PROJECT ID #: NONE GRADE/SEED A 6.1 ACRE SPORTS PLAYING FIELD PECONIC LANE, T/O SOUTHOLD 01 In response to your request~ enclosed is the schedule of the prevailing hourly wage rates and the prevazling hourly supplements for the above project, together with copies of the Notice of Contract Let (PH-16) for your use. THE SCHEDULES MUST BE ANNEXED TO AND FORM A PART OF THE SPECIFICATIONS FOR THIS PROJECT HHEN IT IS ADVERTISED FOR BIDS. These schedules have been prepared and forwarded in accordance with Article 8 of the NYS Labor Law, which provides that it shall be the duty of the fiscal officer to ascertain and determine the schedules of supplements to be provided and wages to be paid to workers, laborers and mechanics employed on public work projects, and to file such schedu'les with the Department having ~urisdiction. The attached rates are based on the latest information available to the Department of Labor, Bureau of Public Hork. Care should be taken to review the rates for obvious errors. Any corrections should be brought to the Department's attention immediately. It is the responsibility of the Public Hork contractor to use the proper rate. If there is a question on the proper classification to be used, please call the district office located nearest the pro~ect. This schedule is effective from July 1, 2000 through June SO, 2001. A new u~da~d schedule will automatically be mailed to you each July 1 until we are notifzed that ~he pro3ect zs completed or canceled. Note: A 1997 AMENDMENT TO SECTION 220 OF THE LABOR LAN REQUIRES THE DEPT. OF JURISDICTION TO RECEIVE AND MAINTAIN MONTHLY TRANSCRIPTS OF PAYROLL RECORDS PUR 1HERE YEARS FROM THE DATE OF COHPLETION OF THE HORK IN THE ANARDED CONTRACT. Very truly yours, Kevin E. Jones DIRECTOR NOTICE TO CONTRACTING AGENCIES: Upon cancellation or completion of this pro~ect, enter the necessary information and return this page to Bureau of Public Work, Bldg. 12, Rm. 150 SOBC, Albany, NY 122~0. PROJECT HAS BEEN COHPLETED/CANCELED: Date Signature Title For additional information, contact our local District Offices: Albany (518] fi57-27~fi Syracuse (315) fi28-q056 Binghamton (607) 721-8005 Rochester (716) 258-q505 Buffalo (716) 8q7-7159 Utica (315) 793-231q Hempstead [516) ~85-~87B Hhi±e Plains [91~) 997-9S07 New York City (212) 352-6088 PH-200 (7-00) CONTRACT REQUIREMENTS= Each public work contrac~ ~o which ~he S~a~e~ a public benefi~ corporation, a municipal corporation or a commisszon appointed pursuan~ ~o law is a par*y and which may involve ±he employmen± of laborers, workers or mechanics, shall comply wi~h ~he requirements of Ar±icle 8 (Sections Z20-2Z3) of ~he New York S~a*e Labor Law: 1. No laborer, worker or mechanic in Ahe employ of ~he contractor, subcontractor or o~her person doing or con,racking ~o do ~he whole or a par~ of ±he work contemplated by *he con*fac* shall be permitted or required *o work more ~han eigh~ hours in any one calendar day or more ~han five days in any one week excep~ in ±he extraordinary emergencies se~ forth in ~he Labor Law or where a dispensation is gran±ed by ±he Commissioner of Labor. 2. Each laborer, worker or mechanic employed by the con~rac~or or subcontractor shall be paid no± less ~han ±he prevailing ra~e of wages as indicated on ~he wage schedule provided by ~he Department. Bureau of Public Hork. The prevailing ra~e of wage shall be annually de~ermined no la,er ~han ~hir~y days prior ~o July ls* of each year. The prevailing ra~e of wage for ~he perzod commencing July firs~ of such year ±brough June ±birdie±h, inclusive of ~he following year shall be ~he ra~e of wage se~ forth in collective bargaining agreements for ±he same period, including ±hose increases, for such period which are directly 'ascertainable from such collective bargaining agreemen±s. ' (See Sections 220.3, 220.5) 3. I~ shall be ±he du±y of ~he depar~men~ of jurisdic±ion file wi~h ~he fiscal officer, ~he classification of workers mechanics and laborers ~o be employed on a public work project, ±oge~her wi~h a s~a~emen~ of ±he work ~o be performed by each classification. (See Section The con~rac~or and every subcontractor shall pos~ in a prominen± and accessible place a~ ±he work si~e a s±a±emen~ of all wage ra~es and supplements ~o be paid or provided for ±he various classes of mechanics, workers or laborers. (See Section 5. No employee shall be deemed ~o be an apprentice unless individually registered wi±h ~he New York S~a~e Depar±men~ of Labor. The allowable ra~io of apprentices ~o journey- level workers in any craf± classification shall no~ be ~rea~er ~hen ~he ra±io permitted ~o ~he con±rector as ±o z~s work force on any job under ~he registered program. Any employee Hho is no~ registered as above, shall be paid or provided ~he prevailing wage and supplemen~ ra~e for ~he journey level classifica~zon of work actually performed. The con~rac~or or subcon±rac~or will be requzred ~o furnish written evidence of regis±ration of i~s program and apprentices as well as of ~he appropriate ra~ios and wage and supplemen~ ra~es for ~he area of construction, prior ~o using any apprentices on ~he con±rac± work. (See Section 6. {al No con~rac~or, subcon~rac±or, nor any person acting on i~s behalf, shall by reason of race, creed, color, disabili±y, sex or na~zonal origin discriminate agains~ any ci±izen of ±he $~a~e of New York who is qualified and available ±o perform ~he work ~o which ~he employmen~ rela~es. (See Section 220-e(a)) (b) No con±fac±or, subcontractor, nor any person ac~ing on i~s behalf, shall in any manner, discrimzna~e agains~ or intimidate any employee on accoun~ of race. creed, colcr~ disability, sex or national origin. (See Section No~e: The Human Rights Law also prohibits discrimination in employmen~ because of age, marital s~a±us or religion. (c) There may be deducted from ~he amoun~ pa~able ±o ~he contrac±or under ~he con±fac± a penal~y of fifty dollars for each calendar day during which such person was discriminated agains~ or intimidated in violation of ~he provisions of ~he con~rac~. (Section (d) 7. (b) The ~lltract may be. cancelled or term~ted by the S~ate or mWcipality, and all moneys due o~o become due' ±hereunder may be forfeited, for a se~l~d or anysubsequent violation of the terms or conditions of the entidiscrimination sections of the contract. (See Section 220-e(d)) All contractors or their subcontractors shall provide to their subcontractors a copy of the prevailing wage rate schedule specified in the public Hork contract as well as any subsequently issued schedules. A failure ~o provide these schedules by a contractor or subcontractor is a violation of Article 8 or the Labor Law. (See Section 2ZO-e(d)) Al1 subcontractors engaged by a public improvement contractor or its subcontractor, upon receipt of the original schedule and any subsequently issued schedules, shall provide to such contractor e verified statement attesting that the subcontractor has received the wage schedule and Hill pay or provide the applicable rate of wages and supplements specified therein. (See Section 220-a) PH-~ (8-99). ATTEN1 ENGAGED I= ALL CONTRACTORS AND SUBCONT~CTORS~ PUBLIC HORK PROJECTS IN NEH YISTATE" INTRODUCTION: Below are the major provisions of the Labor Law covering workers on public work projects. HOURS: A laborer, worker or mechanic is permitted to work on a public work project no more than eight hours a day and no more than five days in a week, except in case of extraordinary emergency such as a fire, flood or danger to life or property. You may apply to ~he Bureau of Public Hork for a DISPENSATION permitting workers ~o work additional hours or days per week on a particular public work project. HAGES AND SUPPLEMENTS: The wages and supplements to be paid and provided for laborers, workers and mechanics employed on a public work project shall be not less than those listed in the current prevailing rate schedule for the locality where the work is performed. If a prevailing rate schedule for the project has not been provided to the prime contractor by the department of jurisdiction (i.e., the governmental entity awarding the public work contract), or to a subcontractor by the prime contractor, ~he applicable schedule must be obtained ~rom the Department of Jurisdiction, Hho must make wrztten appllcatzon to the Bureau of Public Mork, Labor Department, Building No. 12, State Office Building Campus, AIbany, New York The prime contractor is responsible for any underpaymen±s of prevailing wages or supplements by its subcontractors. PAYROLL RECORDS: Every contractor and'subcontractor must keep. originals or transcripts of payroll records, showing for each person employed on public work, the following: 1. Name 2. Address and phone number 2. Social Security Number, q. Occupational classification in which worked, B. Hourly wage rate paid 6. Supplements provided 7. Daily and weekly number of hours worked in each classification B. Deduc±ions made 9. Actual wages paid. Mhen payroll records are requested by the Commissioner~ each payroll record must be affirmed as true under ±he penalties of perjury which means a notorized signature to that effect. Such records must be kept on the site of the work when the contractor or subcontractor does not maintain a regular place of business in New York State and the amount of the contract exceeds ~25,000. All other contractors and subcontractors must, within 5 days after a request, produce at ~he work site the original payrolls or transcrzpts. Every contractor and subcontractor shall submit to the Dept. of Jurisdiction within thrity days after issuance of it's first payroll, and every thirty days thereafter, a transcript of the ~ payroll records, subscribed and affirmed as true under penalty o~y, as provided by Ar±icle 8, Section 220, of the NYS Labor Law. The DEPARTHENT OF JURISDICTION shall receive and maintain such payroll records. The original payrolls and transcripts must be preserved for three years from the date of completion of the project. POSTING: The current prevailing rate schedule must be posted in a prominent and accessible place on ~he site of the public work project. APPRENTICES: Employees cannot be paid apprentice rates if they are not individually registered under a program or agreement registered with the Commissioner of Labor. The contractor or subcontractor will be required to furnish written evidence of the registration of its program and apprentices and of the appropriate ratio. The allowable ratio of apprentices to journeymen in any craft classification can be no greater than the ratio permitted to ~he contractor or subcontractor as to i~s work force on any job under the registered program. An employee listed on a payroll as an apprentice, who is not registered as above, must be paid the prevailing journeyman's Hage rate for that classification of work. (See attached sheet de~ailing Apprentice to Journeyman ~atios) HITHHOLDING OF PAYMENTS: Hhen a complaint is filed with ~he Commissioner of Labor alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the Commissioner of Labor beiieves that unpaid wages or supplements may be due. payments on the public work contract may be withheId from the prime contractor in a sufficient amount to satisfy ±he alleged unpaid wages and supplements, incIuding interest and civii penalty, pending a final determination. INTEREST AND PENALTIES: If an underpayment of wages or supplements is found, interest must be added at the rate then in effect prescribed by the Superintendent of Banks pursuant to section l~-a of the banking law per annum from the date of underpayment to the date of the new payment, and may also include the imposition of a clvil penalty not to exceed 2BX of the amount due. DEBARMENT: Hhen final determinations have been made against a contractor or subcontractor in two instances within a six-year period determining that it willfully failed to pay or provide the prevazling rate of wages or supplements, or if there is one~ful viqlation ±hat involve~ f~fication of payroll records or kickback~F wages, such contractor or Su~mtractor will be ineligible to bid on or be awarded a public work con~e'act for a period of five years from the second final determination. CRIMINAl SANCTIONS: Hillful violations of the Prevailing Wage Law (Article 8 of the Labor Law) constitute a misdemeanor punishable by fine or imprisonment, or both. OISCRIMINATION: No employee or applicant for employment may be discriminated against on account of age, race, creed, color, national origin, sex, disability or marital status. Every employer subject to the New York State Human Rights Law must conspicuously post at zts offices, places of employmen~ or employment training centers, notzces furnished by the State Division of Human Rights. POSTING OF OTHER NOTICES: Every employer providing worker's compensation insurance and disability benefits must poet in a conspicuous place notices of such coverage in a form prescribed by the Horkers' Compensation Board. Employers liable for contributions under the Un~mp~oymeot I~su~a~c? Law must consp~cuousIy post notices furnished by the Staze ueparsmenz o7 Laoor. PH 19 (7-99) docm: letter~b NOT2__ Of NEW PREVAILING WAGE RATE PI!I ~CATIONS APPLICABLE TO ALL COUNTIES (~) AS NOTED 0N PREVAILING RATE SCHEDULES PAGES. The annuaI determination of the prevailing rates of wages and supplements for workers employed on public work projects throughout the state Hill be published on May 31st of each year. These neH rates wilI be in effect July thru J~ne ~0th. This new determination will supersede the original schedule or any przor zssued annual determination. It is the responsibility of the contracting agency or its agents provide all prevailing rate schedules to contractors immediately upon receipt. Any rate change from a previously issued determination becomes effective July lst[ regardless of whether ~he ne~ determznation has been recezved by When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. These are the dates that additional adjustments become effective. PH-202 (~-95) docm: letterd )IFYING THE REGISTRATION APPREN~m~ES Cer±ain S~a±e and Federal Laws require ~ha~ apprentices mus~ be individually registered as such in order ~o be paid apprenticeship ra~es on Public Work. The New York Labor Depar~men~ is ~he official registration agency for apprentices in NeH York S~a~e. No o~her Federal or S~a~e Agency or office registers appren±ices in New York S~a~e. Each year ~he appren±ice ~raining central office in Albany receives hundreds of reques±s from Federal and $~a±e Agenciesz Con~rac~ors~ and o~her interested par~ies requesting verification of indivzdual appren~zce registrations. The following information is provided in order ~o clarify New York $~a~e procedures. All regis±fred apprentices in New York $~a±e are individually registered by namer address, social security number, s±ar~ing da~e of ~raining, and o~her rela~ed da~a. This information is compu±erized and is available ONLY ~hrough ~he Albany Apprentice Training Central Office. Persons wishing ~o verify ~he apprentice regis±ration of any individual should write ~o ~he Senior Employmen~ Consul±an~, New York S~a~e Depar~men~ of Labor, Job Service and Training Division, Building 12, S~a±e Office Building Campus, Albany, New York 122q0. All'inquiries MUST .include-name and social security number and will be answered in writing. The response will indica*e whether or no~ ±he individual is regis~ereS, and if so, will provide o~her per~inen~ information regarding ~he regis~ra±ion. The only conclusive proof of individual apprentice registration is written verification from ~he Albany Appren±ice Training Central Office. Nei*her Federal nor S~a*e Apprentice Training Offices ou±side Albany can provide conclusive regis~ra±ion information. I~ should be no,ed ±ha~ ~he existence of a registered appren±iceship program is no~ conclusive proof ~ha~ any individual is registered in ~ha~ program. Fur*hermore, *he existence or possession of Halle* cards, identification cards or copies of s~a~e forms are no~ conclusive proof of ~he registration of any individual as an apprentice. PH-20$ (7-99) docm: le~±er2e NEW YORK STATE DEPT. OF LABOR Bureau of Public Work State Office Building Campus Albany, NY 12240 T/O SOLITHOLD Schedule Type JAHESHCHAHON PO BOX 1179, TO~N HALL SUFFOLK COUNTY NAT. OF PROJECT: TOHN OTHER RECON,HAI'NT,RE~A~'R,ALT Date COHPLETE 2000A 01/17/01 Prevailing Rate Case No. SPORTS PLAY:~NG FI'ELD PECON'rc L/tHE, T/O Copies of the wage and supplement schedule for the Public Work project identified above are enclosed herewith. Sec. 220.3a of the Labor Law requires that certain information be fumished to the Commissioner of Labor. Accordingly, you MUST complete ONE of these requests for EACH pdme contract let immediately upon notifying a successful bidder for this Public Work project. Phctocopy as many blank forms as required to supply one for each contractor. Return this request to the address given above [] Project CANCELLED, POSTPONED or assigned to agency's own employees. If reactivated, new rates and supplements will be requested. [] CONTRACT AWARDED: (check one and indicate date of first legal instrument which bound agency to contract.) [] Letter of Intent [] Contract Signed [] Resolution Work to be done by this pdme contractor: Type of Contract: CHECK APPLICABLE TYPE [] (01) General Construction [] (02) HeatingNentilation [] (03) Electrical [] (04) Plumbing [] (05) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number: Name: Address: CONTRACTOR'S TELEPHONE #: ) - City: Amount of Contract Approximate Completion Date: / / Estimated Date Entire Project Will be Completed: / / CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) [] (01) General Construction [] (02) Heating/Ventilation [] (04) Plumbing [] (05) Other Signature PW-I 6 (7~O) State: Approximate Starting Date: Zip: / / [] (03) Electdcal Date Page 1 Prevailing Rate ScheduI~ New York State Department of Labor .................................. Case Number .................................. OlO0~ql SUFFOLK 2000A INSTRUCTIONS PREVAILING RATE SCHEDULE INFORMATION The information listed below is provided to assist you in the interpretation of particular requirements, for each classification of worker, contained in the attached Schedule of Prevailing Rates. pAID HOLIDAYS Paid Holidays are days for which an eligible employee receives a regular day's pay, bu~ is not requzred to perform wor~. Note: If an employee works on a day lis~ed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actually performed. OVERTIME Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employee actually performs work on such holidays. The applicable holidays are listed' under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in the OVERTIME PAY section listings for each classification. SUPPLEMENTAL BENEFITS Particular attention should be given to the supplemeot~l benefit requirements. Although in most cases the payment or provzszon of supplements is for each hour worked, some classifications require the payment or provision of supplements for each hour paid (this may include paid holidays on which no work is performed) and/or may require supplements to be paid or provided at a premium rate for premium hours worked. EFFECTIVE DATES When you review the schedule for a particular trade or occupation,your attention should be directed to the da~e above the column(s) of rates. This is the date on which the rate become effective. The rate listed is valid until the next effective rate change or until the new annual determination, which ~akes effect on Ju)y i of each year. All contractors and subcontractors are required to pay the curren~ prevailing rates of wages and supplements. The depar±ment of ~urisdiction is required to provide a copy of the current annual determina*ion. Should you have questionsI please contact the Bureau of Public Hork or visit the NYS Oepar±men* of Labor s Web site at wwH.labor.sta~e.ny.us for curren± wage rate information. HORKERS COMPENSATION In accordance with Section 1~2 of the State Finance Law, the contractor shall maintain coverage under the life of ~he contract for the benefit of such employees as required by ~he provisions of the New York State Workers' Compensation Law. -Contractor to be awarded contract must provide proof of Workers' Compensation coverage prior to being allowed to eegzn work. -The policy of insurance must be issued by a company authorized to provide Workers' Compensation coverage in ~his state. Page 2 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 01003ql SUFFOLK 2000A -Proof of coverage must be en form C-105.2 (Certificate of Workers' Compensation Insurance) and must name this agency as a certififcate holder. -If New York State coverage is added to an existing ogt of state policy, it can only be added to a policy of a company authorzzed to write Honkers' Compensation coverage zn this state, and the coverage must be listed under item 3A of the znformation page. -The contract must maintain proof that subcontractors doing work covered under this contract secure and maintain a Honkers' Compensation policy for all employees working in New York State. If you have any questions concerning the attached schedule or would like additional informatzon, please contact nearest BUREAU of PUBLIC HORK District Office or write to the NEW YORK STATE DEPARTMENT of LABOR, BUREAU of PUBLIC HORK, BUILDING 12, STATE OFFICE BUILDING CAMPUS, ALBANY, NEH YORK 122q0. District Office Locations: Telephone# FAX # Bureau. of Public Honk - Albany Bureau of Public Hork Binghamton Bureau Of Public Hork Buffalo Bureau of Public Honk ~ Hempstead Bureau of Public Honk Rochester Bureau of Public Work - Syracuse Bureau of Public Honk Utica Bureau of Public Honk - White Plains Bureau of Public Work - New York City Bureau of Public Hork Central Office OVbETiME 518-~57-Z7~ 607-721-8005 716-8q7-7159 516-q85-q878 716-258-q505 315-q28-q056 $15-79)-251q 91~-997-9507 212-352-6088 518-fiB7-5589 518-q85-0240 607-721-800q 716-8q7-7650 516-q85-0322 716-258-fi708 315-q28-q671 315-793-2342 91q-997-95~ 212-~52-6186 518-q85-1870 (7/06/99) Following is an explanation of the code(s) listed in the OVERTIME section of each classification contained in the attached schedule. Additional requirements may also be listed in the OVERTIME section. A ) Time and one half of the hourly rate after 7 hours per day. A ) Time and one half of the hourly rate after 7 and one half hours per day. ~A) Time and one ha]f of the hourly rate after 8 hours per day. Bi) Time and one half of the hourly rate for the 9th & loth hours week days and the 1st 8 hours on Saturday. Double the hourly rate for all additional hours. C ) Double the hourly rate after 7 hours per day. C) Double the hourly rate after 7 and one half hours per day. O1) Double the hourly rate after 8 hours per day. D) Double the hourly rate after 9 hours per day. E1) Time and one half of the hourly rate on Saturday. El) Time and one hal~ 1st fi hours on Saturday. Double the hourly rate all additional Saturday hours. E2) Saturday may be used as a make-up day at straight time when a day is lost durzng that Heek due to inclement Heather. ES) Between November 1st and Hatch Srd Saturday may be used as a make-up day at straight time Hhen a day is lost durinp that ~eekdue to inclement weather, provided a given employee nas won[ed between ]6 and 32 hours that week. Eq) Saturday and Sunday may be used as a make-up day at straight time Page 3 Prevailing Ra~e Schedule NeH York S±a~e Depar~men~ of Labor .................................. Case Number .................................. OiO03ql SUFFOLK 2000A Hhen a day is lo$~ dur~nq ~ha~ week due ~o inclement weather. F Time and one half of ~he hourly ra~e on Saturday and Sunday. Time and one half of ±he hourly rate on Saturday and Holidays. i Time and one half of ~he hourly ra~e on Sunday. Time end one half of ~he hourly ra~e on Saturday, Sunday, and Holidays. J Time and one half of ~he hourly ra*e on Sunday and Holidays. Time and one half of ~he hourly ra~e on Holidays. Double ~he hourly ra~e on Saturday. Double ±he hourly ra±e on Saturday and Sunday. ' Double ±he hourly ra~e on Saturday and Holidays. Double ~he hourly ra~e on Saturday, Sunday, and Holidays. Double the hourly ra~e on Sunday. Double ~he hourly ra~e on Sunday and Holidays. Double ±he hourly ra~e on Holidays. ~1) Two and one half ~imes ~he hourly ra±e for Hoiidays, if worked. Two and one half ~imes ~he hourly ra~e ~he firs~ 8 hours on Sunday or Hoilidays. One and one half ~imes ~he hourly ra*e all additional hours. T ) Triple ~he hourly ra~e for Holidays, if worked. U ) Four ~imes ~he hourly ra~e for Holidays, if ~orked. V ) Including benefi*s a~ SAME PREMIUM as shown for overtime. N ) Time and one half for benefi*s on all over*ime hours. NOTE: BENEFITS are PER HOUR HARKED, for each hour Harked, unless o*herHise no±ed HOLIDAYS PAID Paid Holidays are days for which an eligible employee receives a regular day's pay, bu~ is no~ required ~o perform Hark. Note: If an employee Harks on a day lis±ed as a paid holiday, ~his remuneration is in addition ~o Paymen~ of ~he required prevailing ra±e for ~he Hark actually performed. OVERTIME Overtime holiday pay is ~he premium pay ~ha~ is required for Hark performed on specified holidays. I~ is only required where ~he employee ac±ually performs work on such holidays. The applicable holidays are lisAed under HOLIDAYS: OVERTIME. The required ra~e of pay for ~hese covered holidays can be found in Abe OVERTIME PAY section lis~ings for each classification. FolloHing is an explana±ion of ±he code(s) lisAed in ±he HOLIDAY section of each classifica±ion contained in ~he a~ached schedule. The Holidays as lis~ed beloH are ±o be paid a± ~he Hage ra~es a~ Nhich ~he employee is normally classified. 1 None. 2 Labor Day. Memorial Day and Labor Day. Memorial Day and July qih. Memorial Day, July q~h, and Labor Day. New Year's Day. Thanksgiving Day~ and Chris~mas Day. Lincoln's Birthday, Hashing~on's Birthday, and Veterans Day. Good Friday. Lincoln's Birthday. 10 Hashing~on's Birthday. 11 Columbus Day. 12 Election Day. Page 'q Prevailing Rate Schedule New York Sta±e Departmen± of Labor .................................. Case Humber .................................. OlO03ql SUFFOLK 2000A Presidential Election Day. 1/2 Day on Presidential Election Day. 15 Veterans Day. 16 Day after Thanksgiving Day. 17 July qth. 18 1/2 Day before Christmas Day. 19 1/2 Day before New Years Day. ZO Thanksgiving Day. 21 New Year's Day. Z2 Chris~mas Day. Day before Christmas. Day before New Year's Day. 25 Presidents' Day. 26 Martin Luther King, Jr. Day. ASBESTOS HORKEE HAGES(per hour) 1/01/00- 7/01/00- 6/30/00 12/31/00 Asbestos Horker ....... $ 33.06 $ $q.06 OVERTIME: See ( C, O, Tn, V ) on OVERTIME PAGE. ~ overtime code T applies to Labor Day only if worked. HOLIDAYS: HAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 9, li, 1S, 16, 25 ) on HOLIDAY PAGE. For Rem./Aba~ement: See ( 1 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms a~ the folIowing percentage of Journeyman's rates. 1st 2nd 3rd qth qO%60% 70% 80% SUPPLEHENTAL BENEFITS:(per hour worked) Journeyman $ 19.69 $ 19.69 Apprentices Same % as Same % as wages of wages of $ 19.69 $ 19.69 HAGES (per hour) 6/01/99- 5/31/00 Rem./Abatemen~ only~ .... $ 22.00 non mechanlcial systems that are not to be scrapped. OV~RTIMEt Rem./Abatement: Tire and One-Hail after 8 hours per day and after 5 work days per week. Journeyman Rem & Aba~ement $ q. O0 9-12 BOILERMAKER Page 5 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. OlO05ql SUFFOLK 2000A HAGES(per hour) 7-01-00- 9-01-00- 9-01-01- 8-51-00 8-31-01 8-31-02 Boilermaker ........... $ 3q. O0 $ 3q.92 35.86 OVERTIME PAY: See ( D, E, Q ) on OVERTIME PAGE. HOLIDAYS= ~ ~e ( B,(I~; 23, 2q ) on HOLIDAY PAGE. ~M See 6, 11, 12, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. 7t &g~657. 2nd 70X 3rd CbtYh.UOZ 5th' 857.6th 90~. Bth 957. SUPPLEMENTAL BENEFITS: (per hour worked) $ q.21 + $ q.3q + $ q.3q + ~7 Z of ~7 Z of ~7 Z of wage rare Hage rare wage rare ~-5 CARPENTER NAGES(per hour) Buildin~:t Millwri~h ........... 7/01/99- 1/01/00- 7/01/00- 12/31/99 6/30/00 12/31/00 26.8q Addit. Addit. $ .g6/hr. $1.20/hr. OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. PAID: OVERTIME: ~PPRENT~C~S: s~. Zno. b5Z 65Z See ( 18, 19 ) on HOLIDAY PAGE. See [ 5, 6~ 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices See ( 5, 6, 11~ 13, 16, 18, 19, 25 ) on HOLIDAY PAGE. ( 1 ) year terms at the following percentage of Journeyman's wage. 3rd. 75Z 9hZ SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 23.59 Appr 1st term 15.9q Appr 2nd term 17.35 AppP Srd term 19.q2 Page 6 PrevaiIing Rate Schedule NeH York State Department of Labor .................................. Case Number .................................. 0100Sql SUFFOLK 2000A Appr qth term 21.55 g-7qO CARPENTER HAGES(per hour) 1/01/00 7/01/00 Carpet/Resilient Floor Coverer ......... $ 52.22 Addit. $1.16/hr. 0VERTIHE PAY: See ( B, E, Q ) on 0VERTIHE PAGE. HOLIDAYS: PAID: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 15, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 15, ·16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. Znd. 5rd. qth. qOZ ~0% 6hZ 80Z SUPPLEMENTAL BENEFITS:(per hour Horked) - See BeloH. 9-2287 CAEPENIEH HAGES(per hour) 7/01/99 7/01/00 Piledriver ........... $ 52.15 Addit. Dockbuilder .......... 52.15 $5.00/hr. OVERTIME PAY: See ( B, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: ~AIU: See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 11, 15, 16, 18, 19, 25 ) for 1st 8 2nd yr. Apprentices OVERTIME: See ( 5, 6, 11, 15, 16, 18, 19, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following percentage of Journeyman's ~i!e'. 2nd. ~rd. bO% 5% SUPPLEMENTAL BENEFITS: CARPENIEE HAGES(per hour) (per hour paid) 7/01/99 - See BeloH. 7/01/00 9-1q56 Marine Construction: Marine Diver .......... $ 58.70 Addit. $5.ql/hr. Page 7 Prevailing Rate Schedule NeH York State Department of Labor .................................. Case Number .................................. OlO05ql SUFFOLK 2000A , it Tender .... 28.67 Addit. $2.Sq/hr. OVERTIME PAY: See ( B, E, E2, Q ) on OVERTIME PAGE. : See ( 18, 19 ) on HOLIDAY PAGE. PAID: See ( 5, 6, 10, 11, 15, 16, lB, 19 ) for 1st & 2nd yr. Apprentices OVERTIHE: See ( 5, 6, 10, il, 13, 16, I8, 19 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour paid) CARPENIER HAGES(per hour) 7/01/99 Timberman ......... $ 28.85 - See BeloH. 7/01/00 Addit. $2.85/hr. 9-1456/0 OVERTIME: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAID: See PAID: See OVERTIHE: See ~PPRENTICES: ( 1 lsd,' 2nd. 5rd. qth. 65% 80% 18, 19 ) on HOLIDAY PAGE. 5, 6, 11, 13, 16, 18, 19, 25 ) for 1st & 2nd yr. Apprentices B, 6, 11, 15, 16, 18, 19, 25 ) on HOLIDAY PAGE. year terms at the following percentage of Journeyman's . SUPPLEMENTAL BENEFITS:(per hour paid) - See BeloH. 9-1556H CARPENTER The folloHing Supplemental Benefits apply to the preceding Carpenter categories and/or Occupational titles unless o~herHzse noted. 1/01/00 SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 21.65 Apprentices 15.35 CARPENTER HAGES (per hour) Building: Carpenter ............... $ 52.19 7-01-00- 6-50-01. 9-NYC/Supp Page 8 PrevaiIing Rate Schedule Hew York State Department of Labor .................................. Case Number .................................. OlO03ql SUPFOLK ZOOOA Heavy/Highway: Carpenter ............... $ 32.63 OVERTIME PAY: See ( B~ E, Q ) on OVERTIHE PAGE. See ( i ) on HOLIBAY PAGE. ME: See ( 5, 6, 10, 16 ) on HOLIDAY PAGE. APPRENTICES : ( I ) year terms at the following wages. Heavy/Highway Building 1st yr $ 13.23 $ 13.05 2nd Yr 17.71 17.q6 5rd yr Z0.69 ZO.qO qth yr 25.17 2q SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman . ' $ 20.02 Appr 1st 8 2nd terms 13.50 Appr 3rd 8 q~h terms 20.02 ELEVAIDE HAGES (per hour) 7/01/99 Elevator Constructor ..... $ 3q.415 "Modern. & service... Z8.575 q-SUF Apprentice: (6) month terms at the following percentage of Journeyman's wage. 1st 2nd 3rd qth 5th 6th 7th. 8th 9th loth 50% ~0% 65Z 70% lb% lb% lb% Z5% 75% 75X ~VERTIME PAY=CONSTR. See ( C, 0 ) on OVERTIME PAGE. VERTIMb ?AY:MODERN./SERV. See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAIU: See ( 5, 6, 7, ii, 16 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, il, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman/Apprentice: Construction $ 10.855 Modern./Service 10.705 9-1 GLAZIER Page 9 Prevailing Rate Schedule New York S~a~e Departmen~ of Labor .................................. Case Number .................................. OlO0$ql SUFFOLK 2000A MAGES(per hour) G/O1/00 Glazier .............. $ 29.50 OVERTIME PAY: See ( C, 0 ) on OVERTIME PAGE. ~See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( i ) year ~erms at ~he folowing percentage of Journeyman's wage, 1st 2 d SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ lB.07 Alapr 1st Aerm 5.67 Appr 2nd term 6.67 Appr 3rd term 9.~6 Ampr qth term 13.22 9-1087 (DCg NYC) ELECIHICIAN HAG,S (per hour) Electrician ............ Fire Alarm ............. Audio/Sound ............ 7-01-00- 6-30-01 35.25 35.25 35.25 OVERTIME P~Y: See ( B, Q, V~ ) on Overtime Page. NDIE: ON NEH YORK STATE DEPARTMENT OF TRANSPORTATION AND OTHER GOVERNMENT MANDATED HORK HHEN OFF SHIFT MORK IS REqUIRED,THE FOLLOWING PREMIUM RATES OF PAY SHALL BE IN EFFECT; SWING SHIFT q:30 P.M.to 12:30 A.M ..... GRAVEYARD SHIFT 12:50 A.M.io 8:A.M ........ ( 1 See APPRENTICES: ( 1 wage. $0% SUPPLEMENTAL BENEFITS: $ ql.36 fi6.33 on HOLIDAY PAGE. 5, 6, 16, 25 ) on HOLIDAY PAGE. year terms at ~he following percentage of Journeyman's 6h ~th 5th /~X 50Z 60% (percents based on gross wages-others per ~our) Page 10 Prevailing Ra~e ScheduIe New York S~a~e Depar~men~ of Labor .................................. Case Number .................................. OlO0$ql SUFFOLK 2000A Journeyman q5.5% + + App 2nd yr v~ App Srd yr ~3.5% + $ 5.~3~ App q~h yr q3.5% + $ 5.~3~ q3.5% + App 5~h yr ~ App 6~h yr q5.5% + $ 5.q3~ PUMP & TANK HORK 'JOURNEYMAN ....... OVERTIME; HOLIDAYS: 7-01-00 6-01-01- 5-51-01 5-51-02 $29.22 $50.10 See ( B, E, Q ) on OVERTIME PAGE. Paid ( i ) 6-01-02- 5-51-05 $31,50 Overtime ( 5, 6, 9, 16, 25 ) on HOLIDAYS PAGE. Apprentices: One ( 1 ) year ~erms a~ ~he folloHing percen~ of journeymans ra~e. ts* 2nd 5rd ~th 5~h qO% 50% 60% 70% 85% Supplemental Benefi±s : per hour worked. 50 1/2% of hourly ra~e q-25 Page 11 Prevailing Rake Schedur~ New York State Oepartmen± of Labor .................................. Case Number .................................. 01003ql SUPFOLK 2000A ELEC1R1CIAN For utility distribution & transmission line construction. HAGES (per hour) 7-01-00- 9-30-00 Lineman / Splicer ............... $ 31.00 Material Man .................... 26.47 Heavy Equip. Oper ............... 24.80 Groundman ....................... 18.60 Flagman ......................... 13.9S OVERTIME PAY: See ( O, Q ) on OVERTIME PAGE. lO4O{3OoO? lO-Ol-Ol - - 9-30-02 $ 1.10 adtl $ 1.20 adtl See ( 5,(6,1 8, 9, 10) 11 ) on Holiday page.' ME: See ) on Overtime Page. ~ APPRENTICES: 1000 hour periods a( the following percentage of ~ourneyman,s wage. SUPPLEMENTAL BENEFITS: (percents based on gross wages-others per hour) 3.59+9 22.5% Underground Natural Gasline Mechanic: ( 2" or less ) 7-01-00- 3-01-01- 3-01-02- 2-28-01 2-28-02 2-28-03 Journeyman U.G.Mechanic .... $ 25.73 $ 26.63 $ 27.52 OVEETIHE: See ( B, E, E2, P ) HOLIDAYS:: PAID: See ( 5, 6, 8, 9. 10. 11, 16 ) on Holiday Page. OVERTIME: See (1 ) on Overtime Page. Supplemental Benefits: ( per hour Horked ) $ 3.61+ $ q. O0+ $ 4.00+ 22Z 22.5% 23Z ELEC1RICIAN 4-1049 line Applicable to electrical maintenance of existing electrical systems including, Page 12 Prevailing Ra~e Schedule NeH York S~a~e Depar~men~ of Labor .................................. Case Number .................................. 01003ql SUFFOLK 2000A bu~ no~ limi*ed *o, *raffic signals and s±ree~ ligh*ing. HAGES (per hour) 7-01-00- 5-01-01- q-30-O] ~-30-02 Electrician $ 28.~0 $ 29.~0 OVERTIME PAY: See ( B, H, ) on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. O~E~TIME: See ( 5, 6, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year ~erms a± ~he foiloHing wage. qO~ /0~ 80% SUPPLEMENTAL BENEFITS: (per hour Horked) $ 11.69 + $ 12.25 + TRIMMER - Line Clearance Specialis~ q-25m TREE 7-01-00- 12-30-00- 1-06-02- 12-29-00 1-05-02 6-~0-02 HAGES: ( per hour ) .............. $ 19.50 $ 19.99 OVERTIME: See ( B, E, P, T ) on OVERTIME PAGE. ~See ( 5, 6, 8, 9, 10, 11, 16, ) on HOLIDAY PAGE. OVERTIME: See ( 1 ) on OVERTIME PAGE. SUPPLEMENTAL BENEFITS: (per hour Horked) $ ~,87+ $ ~.12+ 12.5~ 12.5 iNUNHURKbR HAGES(per hour) 1/O1/99- S~ruc~uraI ........... $ ~7.70 Riggers .............. )7.70 $ q.)7+ 12.5% q-1049 Page Prevailing Ra~e Schedule New York S~a~e Depar~men± of Labor .................................. Case Number .................................. OlO05ql SUFFOLK 2000A Machinery Movers ..... 57.70 " " Erectors... 57.70 OVERTIME PAY: See ( B, Ex, Q, V ) on OVERTIME PAGE. ~ for 1st 8 hours, double ±ime thereafter. ~ee ( 18, 19 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 18, 19 ) on HOLIOAY PAGE. APPRENTICES: ( 1/2 ) year ±erms a± ±be following wage. lsd. 2nd. 5rd. q~h. 5~h. 6~h. $ 20.b5 21.15 21.15 ~l.7b 21.75 Zl./5 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 22.53 Apprentices 17.88 I~ONHO~KE~ HAGES[per hour)' 7/01/9~- 6/50/99 Reinforcin~ & Me~al La~hzng .......... $ 51.q5 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLidAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 15, 18, 19 ) on HOLIDAY PAGE. APPRENTICES:( 1 ) year ~erms a~ ~he following wage ra~es. I ± 2nd 5rd $1~.00 $18.86 $21.86 $2q.82 SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ i7.~8 Appr ls~ ~erm 10.68 2nd ~erm i1.68 5rd ~erm 15.68 ~h ~erm 16.68 IRONHORKkR HAGES(per hour) 01/01/00- 6/50/00 Ornamental ............. $ 55.5q Chain Link Fence ....... 55.S4 9-q0/361 9-~6 Page 14 Prevailing Rate Schedule Nee York State Department of Labor .................................. Case Number .................................. 0100541 SUFFOLK 2000A Guiderail Installation. $5.54 OVERTIME PAY: See ( A, Ol, E~, Q, V ) on OVERTIME PAGE. ~Double time after 7 hours on Saturday. ~ee ( 1 on HOLIDAY PAGE. OVERTIME: See B, 6, 8 ) on HOLIDAY PAGE. APPRENTICE (1/2) year terms at the following percentage of Journeyman's wa e. lsd. 2~ 3rd. 4th. 5th~ 6th. 6UZ 70~ ~OZ 8hZ 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 1B.66 Appr 1st term 19,01 Appr 2nd ~erm 19.B9 Appr 3rd ~erm 20,15 Appr 4th ~e~m 21.29 Appr Bth term 21,87 Appr 6th ~erm 22.99 9-580 LABORER HA~ES (per hour) 07/01/99- 06/30/00 Building Laborer: Except Abatement ...... $ 22.55 For Abatement See Below OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIHE PAGE. See ( 1 ) on HOLIDAY PAGE. HE: See ( B, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 15.49 07/01/00- 07/01/01- 06/50/01 06/30/02 1.38 ad~l. $ 1.q3 adtl Abatement Only ........ 07-01-00- 12-01-00- 12-01-01- 12-01-02- 11-30-00 11-~0-01 11-30-02 11-30-03 Wages ..................... $ 21.45 $ 1.55 adtl. $ 1.00 adtl. $ 1.00 adtl. Supplemental Benefits ( per hour corked ) ....... $ 4,00 ~-66 LABO~kH - HEAVY/HIGHHAY Laborer (Heavy/Highway): Group # 1: Asphalt Rakers and Formsetters. Page 15 Prevailing Rate Scheduie New York S~ate Depar±ment of Labor .................................. Case Number .................................. OlO03ql SUFFOLK 2000A Group # 2: Asphal~ Shovelers, Roller Boys and Tampers. Group # 5: Basic Laborer, PoHer Tool, Trackmen, Landscape, Pipelayer, Jackhammer and Concrete. WAGES (per hour) 6-01-00- 6-01-01- 6-01-02- 5-$1-01 5-~1-02 5-$1-05 Heavy/Highway Laborer: Group # 1 ............. $ 26.67 $ 1.45 adtl. $ 1.50 adtl. Group # 2.. 26.06 1.42 " 1.~7 " Group # ~ ............. 24.03 1.35 " 1.~0 NOTE: PREMIUM PAY 20% on s~raight time hours for NEH YORK STATE D.O.T and other GOVERNMENTAL MANDATED off-shirk work. Apprentices: ( 1 ) year ~erms at the following percentages of journeymans ls~ year .......... 80% 2nd year .......... 902 OVERTIME PAY: See ( B, F, E2 ) On OVERTIME PAGE, ~ee ( I ) on HOLIDAY PAGE. ~ See ( I ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour worked) $ 13.42 MASON-Buzldinq HAGES(per hour) 1/O1/O0 Building: Marble/ Sawyer, Rubber · ~ Polisher ............ $ 29.98 Marble Restoration Finishers ............. 15.07 q-12g8 OVErTiME PAY: See ( A, E, Q, V ) on OVERTIME PAGE. PAIU HOLIUAY: Journeymen receive 1/2 days pay for Labor Day. Cleaner, Maznteeance and iST three ~erms of Apprentices See ( on HOLIDAY PAGE. All o~hers See ( I ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 15 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year ~erms a~ ~he foilowing percentage of Journeyman's 802 95% SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 12.33 Cleaner/Maintenance 2.40 Appr 5.80 + Hage percentage of $ 6.09 S, 6, 11, 15 ) Page I6 Prevailing Ra~e Schedule' New York Sta~e Oepar~men~ of Labor .................................. Case Humber .................................. OlO0~ql SUFFOLK 2000A 9-7/24 MASON - Building WAGES(per hour) 1/01/00- 6/30700 Building: Bricklayer .......... $ 3~.22 7/01/00- 12/31/00 34.27 OVERTIME PAY: See ( A, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: PAiO: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, lO ) on HOLIDAY PAGE. APPRENTICES: ( 750 hour ) ~arms at ±he following percentage of Journeyman's wage'ls~ 2n /0% 80% 95% - 3rd (500 .rs) 500 .rs) SUPPLEMENTAL BENEFITS:(per houd worked) .' Journeyman $ 15.56 15.61 Appr 8.3~ B.3~ 9-1Bnk Appr PLAS1ER~E5 - 5KIMCOAI~N~ HAGSS(per hour) Journeyman ........... $ 10.76 6.08 7/01/2000 2/07/2001 2/06/2002 27.00 27.50 28.50 9-1 Paver MASON-Buildinq Unit Pavlnq Hork~ ~ Shall include bu± no~ limited ±o: fired clay brick pavePs~ pPe-ca$~ con- cre~e slabs (london walks), pressed concrete pevens~ cobble stone, ail ~pes of flagging, asphal~ concrete ~avers- asphaltic cemen~ sand and s~one aggrega±e, uni~ sefe~y surface, WAGES(per hour) 8/01/99 Journeyman .............. $ 24.12 Apprentice ( one year ~erm ) .... 20.27 OVERTIME PAY: See ( B~ E~ Q ) on OVERTIME PAGE. HOLIDAY~: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. SUPPLEMENTAl BENEFITS:(per hour worked) Page 17 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 0100~1 SUFFOLK 2000A OVERTIME PAY: See ( C, E2, 0 ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 11, 13, 18 , 19 , 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of journeyman's wage. qt 5th 6th 1st 2nd 5rd 60h% qO× q5% 55% /0% SUPPLEMENTAL 8ENEFITS:(per hour worked) Journeyman $15.52 $1~.58 $1q.55 Appr Same percentage MASON - Pozn~er/Caulker/Cleaner HAGES[per hour) 7/01/99- 6/50/00 Pointer, Cleaner,& Caulker (Mason) ..... $ 28.20 OVERTIME PAY: See ( B, H ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25, 26 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year terms at the following wage rates. 1st 2nd 5rd ~ $13.00 17.25 Zl.OO bO SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 12.65 Appr 1st term 2.50 AppP 2nd term 2.75 Appr 5rd term ~.50 Appr ~th term 6.50 MASON WAGES(per hour) 7/01/99 7/01/00 Cement Mason ......... $ $5.00 Addit. $2.00/hr. OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. ~ee ( i ) on HOLIDAY PAGE. 9-550 9-1PCC Page 18 PrevaiIing Rate Schedule New York Sta*e Department of Labor .................................. Case Number .................................. OlO05ql SUFFOLK 2000A OVERTIME: See [ 5, 6, 8, 11, 15, 25 ) on HOLIDAY PAGE. APPRENTICES: { 1/2 ) year ~erms at ~he ~ollowing percentage of Journeyman's Hages and fringes. 1 t nd 5rd qt 5t~ 6±h b~% ~OX /0% 802 90Z SUPPLEMENTAL BENEFITS:(per hour worked) $ lq.iS MASON - Buxldzno HAGE$(per hour) 7/01/99 Building: Plas±erer ............ $ 29.57 9-780 OVERTIME PAY: See ( A, G, P, V ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a* the following percentage of journeyman's wage. 1st 2nd 5rd qO% 60% 80Z SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 12.25 Appr let three months 0.00 Ali other Appr 12.25 MASUN-Buzldin~ HAGES (per hour) 1/01/00- 6/30/00 Building: Mosaic ~ Terrazzo Horker...$ 51.58 " Helper...$ 50.07 OVERTIME PAY: See ( A E, Q, V~ ) on OVERTIME PAGE. ~ $ 5.q~ added to supplements. HOLIDAYS: PAiO: See ( i ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 1S, 16, 25 ) on HOLIDAY PAGE. 9-202P Page 19 Prevailing Ra±e ScheduI~ New York Sta~e Department of Labor .................................. Case Number .................................. OlO05ql SUFFOLK 2000A SUPPLEMENTAL BENEFITS:(par hour worked) $ 15.$5 9-7/~ MASON - Buildinq HAGES(per hour) ll/O1/9g Building: Tile Layer ........... $ 31.26 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. HOLIDAYS: PAIO: See ( I ) on HOLIDAY PAGE. OVERTIME: See ( S, 6, 8, 10, 11, 15, 16 ) on HOLIDAY PAGE. APPRENTICES: ( 750 hr)~erm$ at the following percentage of ~ourneyman's wage. lst' 2nd 3rd qth 5~ 6th 50% 55% 65Z ?hZ 85% SUPPLEMENTAL BENEFITS~(per hour worked) $ lq.82 MASON - Bulldinq WAGES(per hour) 12/01/99 Building: Tile Layer Helper & Finzsher ....... $ 26.2q OVERTIME PAY: See ( A, E, Q ) ON OVERTIME PAGE. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE. OVERTIME= See ( 5, 6, 8, lO, 11, lB, 16 ) SUPPLEMENTAL BENEFITS:(peP hour worked) $ 12.q8 INUNHONKER HAG,S(per hour) 1/01/00- 7/01/00- 6/30/00 12/~1/00 9-7/52 on HOLIDAY PAGE. 9-7/88 Derrickman/Rigger .... $ 33.01 $ $3.01 Page 20 Prevailing Ra±e Schedule New York Stake Department of Labor .................................. Case Number .................................. 0100~1 SUFFOLK 2000A OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HOLIDAYS: PAID: bee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of ~ourneyman's wage. 2n ~t 5th 6th 1st 604 3rd 50% 10% SUPPLEMENTAL BENEFITS:(~eP hour Horked) $ 25.q6 $ 2q.56 9-197 HASON - Building HAGES(per hour) 1/01/00 Building: Marble Cutters Setters ............. OVERTIME PAY: See ( B, O~ V ) on OVERTIME PAGE at~ached. PAIU HOL~OAY: Journeymen receive 1/2 days pay for Labor Day. Apprentzces ISt ~hree terms See { 5, 6, 8, 11, 15 ) on HOLIDAY PAGE, Plus any day following a Thursday or Sunday Holiday. All o~hers See ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 15, ) on HOLIDAY PAGE. APPRENTICES: ( 1/2 ) year terms at the following percentage of ~ournayman~s Hage. ls± 2nd 5rd qth 5th 6~h 50Z bbX SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 15,65 wage percentage of $ 9.75 9-7/q MASON-Buildinq HAGES(per hour) 1/01/00 Marble-Riggers. Crane & Derrickman...$ 28.72 OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE. HA10 HOLIOAY: 1/2 Day for Labor Day. ~VE~IIME: See ( 5, 6, 8, 11, 15, 25 ) on OVERTIME PAGE. Page 21 Prevailing Ra~e Schedule New York S~a±e Depar~men~ of Labor .................................. Case Number .................................. 0100541 SUFFOLK 2000A SUPPLEMENTAL BENEFITS:(per hour worked) $ 16.82 PAIN1EN ANU UNYHALL PINiSHER HAGES (per hour) 7-01-00- 6-$0-01 Brush, Paper Hanger,Taper $ 26,05' S~ruc~ural S~eel ......... S5.65 Spray, Scaffold¢Sandblas~ 28.47 Repaln±/Renova~lon ....... 20.89~ 9-7/20 ~Addi~ional $2.00 per hr. for Hanging Scaffold, Spray, Sandblasting, and Rolling Scaffold 20' and over. Lead Aba~emen~ a~ same ra~e as classification. OVERTIHE PAY: See ( A, E, K )'on OVERTIME PAGE. UVERIlF~c PAY-Repaint/Renovation: See ( B ) on OVERTIHE PAGE. See ( 1 ) on HOLIDAY PAGE. ~HE: See ( 5, 6 ) on HOLIDAY PAGE. APPRENTICES: ( 1 )lstYear ~armsda~2n ~hesrdfOilowing ra~es. Brush $ 10.73 16.01 19.11 Scaff./SB 11.84 17.62 21.09 S~ruc.S~i. I2,94 I9.24 25.08 Rp±/Ren. IO.TS I6,01 19.ii SUPPLEMENTAL BENEFITS: (per hour worked) Rp±/Ren. Journeyman $ 15.67 All o~her Journeymen 15.67 Appr Is~ year 4.76 Appr al~ o~her ±erms i0.18 4-I486 PLUMBER HAGES (per hour)7-01-O0- 11-01-00- 5-01-01- lO-Sl-O0 4-S0-01 iO-Si-O1 Plumber ..... $ S4.75 $ S5.45 $ S6.15 OVERTIME PAY: See ( A, 0 ) on OVERTIME PAGE. See ( i ) on HOLIDAY PAGE. IME: See ( ~, 6, 1~, 25 ) on HOLIDAY PAGE. APPRENTICES: ( I ) year ~erma a~ ~he following fa±es. 11-01-01- 5-01-02- 11-01-02- 4-S0-02 10-S1-02 4-SO-OS $ S6.85 $ 57.55 $ 58,28 Page 22 Prevailing Rat~ Sched01~ MeN York S±ate Department of Labor .................................. Case Number .................................. OlOOSql SUFFOLK 2000A 1st year ...... $ 13.61 $ 13.89 $ 14.11 $ lq.$5 $ lq.57 $ lq.83 2nd year ...... 17.19 17.5q 17.87 18.20 18.53 18.88 3rd year ...... 22.qq 22.89 23.39 23.90 2q.33 2q.80 qth year ...... 2q.17 2q.66 25.20 25.7q 26.20 26.70 5th year ...... 25.96 26.q8 27.08 27.68 28.20 28.76 SUPPLEMENTAL BENEFITS: (per hour worked~) Journeyman $ 16,80 $ 16.95 $ 17.55 $ 18.15 AppP 1st term lO.lq 10.20 10.50 10.78 Appr 2nd term 11.60 11.88 12.20 12.52 Appr 3rd term 11.98 12.08 12.q3 12.77 Appr qth term 12.69 12.80 13.17 13.5q Appr 5th term 13.07 13.19 13.57 13.95 ~Sunday and Holiday Benefits paid at Double Time rate. PUMP & TANK HORK 7-01-00- 6-01-01- 5-31-01- 5-31-02' Journeyman ................. $ 30.03 ~ 31.60 Overtime: ( B, E, Q ) on 0ver~ime Page. Holidays: Paid ( 1 ) 0ver~ime ( 5, 6, 9, 10, 16 ) on Holiday Page. Apprentices: One year terms at *he following ra~es; App: 1st yr ................ ~ 11.75 $ 12.22 App: 2nd yr ................ lq.98 15.6q App: 3rd yr ................ 18.10 18.95 App: q±h yr ................ 21.18 22.21 Mechanic: .................. 26.27 27.57 servzceman: ................ 18.10 18.95 Supplemental Benefits ; per hour worked. Journeyman ................. $ 15.56 $ 15.61 App. 1st yr ................ 6.ql 6.66 App. 2nd yr ................ 7.72 7.97 App. 3rd yr ................ 9.13 9.38 App. qth yr ................ 10.59 lO.8G Mechanic: .................. 12.tl 12.56 Serviceman: ................ 9.13 9.36 18.75 $ 19.50 11.08 ll.3q 12.8q 11.1fi 15.19 13.57 15.99 lq.qO lq.q1 lq.83 G-ZOO STEAMFIllkR ~A~ES(per hour) 12/29/99 Steam Fitter .......... $ t6.t0 Sprinkler Fitter ...... I6.30 Page 23 Prevailing Rate ScheduI~ New York Sta±e Department of Labor .................................. Case Number .................................. OlO05ql SUFFOLK 2000A For Hork on Temporary Heat & Air Conditioning ....... $ Z7.58 OVERTIHE PAY: See ( C, O, V ) on OVERTIME PAGE. ~ee ( 1 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 11, 15, 16, 2B ) on HOLIDAY PAGE. APPRENTICES: ( i ) year terms at the following percentage of Journeyman's 1st. 2pd. 5rd. ~th. Bth. SUPPLEMENTAL BENEFITS:(per hour paid) Journeyman $ 18.75 + ,3~ per hour worked For Hork on Temporary 15.qq Heat ~ Aiq conditionzng + .~q per hour worked Apprentices term percentage of 18.75 plus .~ per hour worked 9-658A SrEAMkllIER HAGES(per hour) 7/01/00 Steamfitter ......... $ 25.55 Refrigeration, A/C, Oil Burner and Stoker Service and Installations, limited on Refrigeration to combined compressors up to five (5) horsepower, and on A/C Heating and Air Cooling to combined compressors up to ten (10) horsepower. OVERTIME PAY:See ( B, E, Q~, S~ ) on OVERTIME PAGE. HOLIDAYS: HAID: See ( 2, 6, 9, 10. 11. 15, 17, 26, Memorial Day ) on HOLIDAY PAGE. OVERTIME: ~ ( Z. 6. 9~ 15~ 17 ) ~ ( 10, 11, 26, Memorial Day ) APPRENTICES: ( 1 ) year terms at the folio, lng wage. 1st ~ mo 2nd 6 mo 2nd 3rd yr ~ SUPPLEMENTAL BENEFITS:(per hour worked) Journeyman $ 5.56 AppP ls~ term 5.35 Appr 2nd term 5.lq Appr Srd term q.gB Appr flth term q.85 9-658B ROOPER Page 24 Prevaiiing Rat~ ScheduIe'" New York Sta~e Departmen~ of Labor .................................. Case Number .................................. 0100341 SUFFOLK 2000A 7-01-2000 10-01-2000 10-01-2001 HAGES (per hour) 9-30-2000 9-30-2001 9-30-2002 Roofer/Materproofer ............... $ 26.50 $ 1.75 adtl. $ 2.25 adtl. OVERTIME PAY-~ew Roof: See ( A. E. E2. Q ) on OVERTIME PAGE. OVbRTIME P~Y-Reroof: See ( B, E, E2, Q ) on OVERTIME PAGE. HOLIDAYS: ~ See ( I ) on HOLIDAY PAGE. IME: See ( 4, 6, 13, 16, 25 ) on HOLIDAY PAGE. APPRENTICES: ( 1 ) year Germs aG the following percentage of journeyman,s wage. 1 t 70% BOh% SUPPLEMENTAL BENEFITS: Journeyman Apprentices 1st 2nd 5rd SHEEIMETAL HUEKER HAGES (per hour) (per hour worked) $ 18.0q 2.15 3.90 9.87 14.46 7-01-00- 8-01-00- 7-31-00 1-31-01 Sheetmetal Horker .... $ 33.17 4-15q 2-01-01- 8-01-01- 2-01-02- 7-31-01 1-31-02 7-31-02 1.25 adtl 1.35 adtl 1.q5 adtl 1.60 adtl For Temporary Operation or · Maint.of Fans .............. 80% of Sheetmetal Rate Decking & Siding Hork: ..... $ 28.70 OVERTIHE PAY: See ( C. E2. O. V ) on OVERTIME PAGE ( D, E2, O, V ) on Fan Maint./ Decking & Siding HOLIDAYS: ~ See ( 1 ) on HOLIDAY PAGE. IME: See ( 5, 6, 11, 12, 15, 25, 26 ) on holiday page. APPRENTICES: ( 1/2 ) year Germs a~ the following percent of journeyman rage 50%1s~ 55%2nd3q~%~ 4th 5th 6th 7th 8th 45% 50% 55% 60% 70% SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman $ 20.93 Appr ls~ Germ Appr 2nd Germ 7.33 Appr 3rd Germ 8.37 Appr 4~h Germ 9.42 Appr 5th Germ 10.47 Appr 6th Germ 11.51 Appr 7th ter~ 12.56 Appr 8th Germ 16.74 Page 25 Prevailing Ra~e Schedule New York $~a~e Depar~men~ of Labor .................................. Case Number .................................. OlO0~ql SUFFOLK 2000A Decking ~ Siding ............. 9.96 HkLDER Helder...To be paid ±he ra~e of ~he mechanic performing ~he work. q-28 TEAMSTER-Buildina Truck Driver (Building and Heavy/Highway): GROUP l: Chauffeur an~ Excavation. HAGES (per hour) 7-01-00- 7-01-01- 6-~0-01 6-$0-02 Truck Driver (Building and Heavy/Highway): Group 1 ................. $ 28.755 $ 29.~05 Drivers of ±hree-axle tractors & trailers~ $6.00 per day additional. Drivers of heavy equipmen~ ~ ~agalong ~railers, $ 10.00 per day additional. Drivers of boom ±rucks, $ 10.00 per 8ay additional. OVERTIME PAY: See ( B, E, R ) on OVERTIME PAGE. See ( 5, 6. 16, 25 )~ on HOLIDAY PAGE. ME: See ( 5, 6, i6, 25 )~ on HOLIDAY PAGE. ~ mus± work ~wo days in holiday week. SUPPLEMENTAL BENEFITS: (per hour worked) $ 16.01 $ 16.61 q-282nsh TEAMSTER- Demolition/Debris, Asbestos/Toxic Haste ~AGES (per hour) 7-01~00- 7-01-01- 6/~0/01 6-~0-02 Truck Driver, Chauffeur or Loader/Operator $ 21.55 ~ 21.85 21.65 22.15 OVERTIME PAY: See ( B, L, S, S1,) on OVERTIME PAGE. HOlIDaYS: PAiD:i~)See ( 5, 6, 7, 8, 11, 12~ 26 ) on Holiday Page. (~) Must work two days zn Holiday weak SUPPLEMENTAL BENEFITS: (per hour worked) Page 26 Prevailing Rate Schedule NeH York State Oepartmen~ of Labor .................................. Case Number .................................. OlO0$ql SUFFOLK 2000A $ 15.q3 $ lq.68 q-282.Demo SIGN EEEC[OE HAGES (per hour) 7-01-00- 1-01-01- 12-31-00 6-30-01 Sign Erector .......... $ 27.40 $ 27.90 OVERTIME PAY: See ( A, H ) on OVERTIME PAGE. ~ee ( 5, 11, 12, 16 ) on HOLIDAY PAGE. OVERTIME: See (65,16,.0, 10, 11, 12, 16 ) on HOLIDAY PAGE. APPRENTICES: ( i/2 ) year terms at the foIloHing percentage of journeyman's wage'1 ~ '5~Z ~ 3 d 6th .gib l'0th SUPPLEMENTAL BENEFITS= App 1st term .......... App 2nd term ........ App 3rd term ........ App qth term ........ App Bth term ........ App 6th term ........ App 7th term ........ App 8th term ........ App 9±h ~erm ........ App 10th term ...... 17.q7 $ 17,60 3.61 3,63 4.0q q,07 q.q8 q.51 q.91 q,gq 7.3q 7,38 7.77 7,82 10.21 10.25 10.8~ 10.89 13.07 13.12 13.50 13,56 9-137 Page 27 Prevailing Ra~e Sched~l~ New York S~ate Depar±men~ oF Labor .................................. Case Number .................................. OlO0$~I SUFFOLK 2000A PAIN1EM - Str~Pinq Hlqhwey ~AGES(per hour) 7/01/1999 Pain~er (S~riping-Highway): Striping-Machine Operator ....... $ 21.57 " Helper .................... 15.79 Linerman ....................... 2q.09 OVERTIME PAY: See ( B, E, P, S ) on OVERTIME PAGE. HOLIDAYS: PAID: See ( 2, 8. 11, 12, iS, 16, 17, 20 )ON HOLIDAY PAGE. OVERTIME: See ( 2. 8, 11, 12, 15, 16. 17, 20, 21, 22 ) ON HOLIDAY PAGE. APPRENTICES: ( 1 ) year ~erms a~ ~he following ra~es of journeyman's wage. ls~ 2nd 3rd ~h 5th $10.00 $11.00 $12.00 $15.00 $1q. O0 'SUPPLEMENTAL BENEFITS:(per hour paid) 22Z of wage + $ .50 1/01/00 7/01/00 SURVEY UREH - ~uildznm ~AGES:(per hour) Addle. $3.01/hr. Addit. $1.8~/hr. Addle. $1.31/hr. Survey Rates-Building: Par*y Chie~ ......... $ 32.77 Instrumen~ Han ...... 27.19 Rodman ............... 18.5~ 9-8a/28a (230) OVERTIME PAY: See ( A. EH. Q. V ) ON OVERTIME PAGE. ~Doubletime paid on the Bth hour on Saturday. ~ee ( 5, 6. 8, 1 12, 15, 25 ) on HOLIDAY PAGE. 1, OVERTIHE: See ( 5, 6, 8' 11, 12, 25 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour paid) Journeyman $ 15.qO 5UEVEY CREH - Heavy/HighwaY H~GES= (per hour) 9-15Db Page 28 PrevaiZing Ra~e ScheduZe New York Sta~e Dapertmen± of Labor .................................. Case Number .................................. 0100541 SUFFOLK 2000A 1/01/00 7/01/00 Survey Ra~es-Heavy/Highway: Par~y Chief ............. $ 3Z,18 Addle. $3.22/hr, Ins~rumen~ Man .......... 25,92 Addit. $I.78/hr, Rodman .................. 23.Z2 Addi±. $1.49/hr. OVERTIME: See ( B, Ex. Q, V ) ON OVERTIME PAGE. ~Doubletime paid on ~he 9~h hour on Saturday, HOLIDAYS: PAID: See ( 5, 6. 8, 11, 12, 1S, 25 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 11, 12, 15, 25 ) on HOLIDAY'PAGE. APPRENTICES: ( i ) year terms a~ the following wage ra~es. 1st term $ 9.97 2nd term 14.14 SUPPLEMENTAL BENEFITS (per hour paid) Journeymen $ 15,40 Ampren~ice 8,65 9-15O-N/S co. SUEVEY C~EH - ConsuZtinQ Engineer CONSULTING ENGTNEER SURVEY ~ Feasibility and preliminary design surveying, line and grade surveying tot inspection or supervision of construction when performe~ under a Consulting Engineer agreement. HAGES:(peP hour) 7/01/1999 Survey Ra~es: Party Chief ......... $ 23.96 Ins~rumen± Man.. 20.63 Rodman .............. i7.88 OVERTIME PAY: See ( B~ Ex, Q~ V ) ON OVERTIME PAGE. ~Doubletzme ~aid on ±he 9th hour on Saturday. ~ee ( 5~ 6, 7, ii, i6 ) on HOLIDAY PAGE. OVERTIME: See ( 5, 6, 7, Ii, 16 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFITS: (per hour maid) Journeyman $ 9,60 9-15dconsul~ CORE DRILLING Page 29 Prevailing Ra~e Schedule New York S~ate Departmen~ of Labor .................................. Case Number .................................. OlO0~ql SUFFOLK 2000A HAGES(per hour) 10/16/99 10/16/00 Core Drilling: Driller .............. $ 22.98 Addit. $1.25/hr. Helper ................ 19.22 Addit. $1.00/hr. Note: Hazardous Haste Pay For Level C, an additional $ 0.25 per hour For Level B, an additional .75 per hour For Level A, an addltional 1.00 per hour Note: Hhen required ±o work on water: an additional $ 0.2S per hour. OVERTIME PAY: See ( B, E, K~, P, R~ ) on OVERTIME PAGE. See ( 5, 6 ) on HOLIDAY PAGE. OVERTIME: ~ See {5~ 6 ) on HOLIDAY PAGE, ~ See ~ 8, 10, 11, 15 ) on HOLIDAY PAGE. SUPPLEMENTAL BENEFIT$:(per hour worked) $ 7,69 PUHbH EQUIHMENi OVERAIOR - Heavy/H~hway HAGES (per hour) 7-01-00- 8-01-00- 7-S1-00 7-~1-01 Hell Driller~ .......... $ 25.72 $ 2S.8~ Hell Driller Helper:... 21.10 21.13 OVERTIME PAY: See ( B, E, G, P ) on OVERTIME PAGE. HOLIOAYS: ~_AIO: See ( 5~ 6, i6~ 25 ) on HOLIDAY PAGE. ~ See ( 5, 6, 16, 25 ) on OVERTIME PAGE. 9-1B$6 SUPPLEMENTAL BENEFITS: (per hour worked) Journeymen .............. $ 8.65+ Overtime... $ 10.95 + 10% of rate 10% of rate Hazardous Nas~e Differentia! Level A ................. $ ~.00 p~r . hr o~er ra±e Level B ................. 2.00 Level C ................. 1.00 " " " " 4-1SBwell Page 30 Prevailing Rake S6hedule'' New York S~a±e Department of Labor .................................. Case Number .................................. OlOO3~l SUFFOLK 2000A POHER EQUiHNEN1 OPERA(OR - Bu~ldlna BUILDING: . CLASS" A ":Crane. Truck Crane, Derrick, Dragllne, Dredge, Cra.ler Crane~ To,er Crane. Pile Driver. . . CLASS "B": Asphalt Spreader, Backhoe Cra. let. Boiier, Boring Machine, Cherry Pzcker (over 50 ions). Concrete Pump. Gradall. Grader. Hois±, Leading Machzne (ia yds or more). MiIling Machine. Power Winch-Stone Setting/S~ructural Steel/Truck Mounted, Powerhouse, Road Paver, Scaop-Carryai1-Scraper in Tandem, Shovel. Sideboom Tractor, Stone Spreader (Self Propelled), Tank Work, To.er Crane Engineer. CLASS "C": Backhoe, Boom Truck. Bulldozer, Broin~ Machine/Auger, Cherry Picker, Conve¥or-Mul~i, Dinky Locomotive, Fork Lzft, Hoist (2 Drum), Loading Machine & Front Loader. Mulch Machine (Machine fed), Power Hinches (Ali others no~ included in CLASS A), Asphalt Roller. Hydraulic Pump with Borin~ Machine, Scoop, Carryall, Scraper, Maint. Man on Tower Crane, Trenching Machine, Vermeer Cutter, Hork Boa~. C ASS " " ' ~ D : Curb Machine, Maintenance Engineer (Small Emuip. & Hell Point), Fzel~.Mechanic, Milling Machine (Small). Pulvi-Mixed, Pumps, Roller Vac-~zl, Welding/Burning¢ Compressor (Structural Steel & 2 or more in Battery), Concrete Fini-shing Machine. Concrete Spreader~ Conveyor, Curin~ Machine, Fireman, Hoist (One Drum)~ Ridge Cutter, S~riping Machine, Weidlng Machine (Structural Steei & Piie Hork). ~r"E;jrCOmpvasso~ (Pil~, Cr~ne, S*one ~etting), Concrete Breaker/Sa. , k Li ~ (H lk Be znd/ ewer Opera ed)z Genera~or Pile Work). Hydra Hammer. Hand Operated Mechanical Compactors. P~n Puller{ Portable Heater, Power-Broom/Buggy/Grinders, Pumps-Sin91e Action 1 to 3 inches/Gypsum/Double Ac±ion Diaphragm, Hand Trenching Machine, Welding Machine. Class "F": Batching Plant, Generator, Grinder, Mixer, Mulching Machine, Oiler, Hump (Centrifugal up to ~ inches), Root Cutter, Stump Chipper, OiIer on Tower Crane, Track Tamper, Tractor, Vibrator, Deckhand onWork Boat. WAGES (per hour) 7-01-00- S-3l-O1 Class "A" ............... $ ~Add $$.50 for Hazardous Haste Hark Class" B ' ............... ~2.~5~ ~Add $2.50 for Hazardous Haste Hark Class "C" ............... 50.60~ ~Add $1.50 for Hazardous Waste Work Class "D" ............... 29.qq Class "E" ............... 27.10 Class" F" ............... 25.95 ~Cranes : Bo~m ien~th ov~r 100 f~ot a~d $ 0.50 p~r h~ur " 150 $ 0.75 " " " " 250 " " $ 1.00 " " " ' " 550 " " $ 1.50 " OVERTIME PAY: See ( D, 0 ) on OVERTIME PAGE. OH~YS: ~.' See ( 5, 6, 7, 8, Ii, ) on HOLIDAY PAGE.~ ~mus~ork day before ~ day after, or receive 2 hours per intermittent day Page ~! Prevailing Ra±e ScheduIe New York State Departmen~ of Labor .................................. Case Number .................................. OiO03~i SUFFOLK 2000A OVERTIME: See ( 5, 6, 7, 8, 11, ) on OVERTIME PAGE.~ APPRENTICE ( I ) year terms at the folIoNing rates; 1st yr .............. $ 16.7q 2nd yr .............. i7.~2 ~rd yr .............. 17.9q SUPPLEMENTAL BENEFITS: (per hour worked) Journeymen ......... $ 21.9~ Note Note:OVERTIME Journeymen Z3.90 Apprentice .......... I$.i9 Note Note:OVERTIME Apprentice B.~O ~-138 PUHER E~UiPMbNI OHERA]OR - HeavY/H~ahwa¥ HEAVY /,,H~GHHAY: cLAss A ; Crane, Truck Crane, Derrick, Dragline, Dredge, Crawler Crane, Tower Cra~e, Pile Driver. . . . Stee~/Truck Moun{ed, Powerhouse, ~oad Paver, S~oop-Caeryall-Scraper in Tandem, Shovel, Sideboom Tractor, Stone S~reader (Sail Pro~elled), Tank Hork, Track Alignmen~Machine. CLASS "D": Curb Machine, Maintenance Engineer (Small E~ui~. & Hal! Point), d Fieid Mechanic, Mii~ing Machine (Smali). PuIv~-Mixer, Pum~s, RoIler (O~rt), Vac-All, Heldin~/Burning, Compressor {S~ructuraI Steel & ~ or more in Battery), Concrete Finishzng Machzne, Concrete Spreader, Conveyor, Cur~n~ Machina~ Fireman, Hoist (one drum). Ridge Cutter, Striping Machine, He~ing Machzne ~LASS "E": Compressor CP~le~ Crane, Stone Setting}, Concrete Breaker/Saw Cu~ter, Hork Lift (Haik Behind, Power O~erated), Generator (Pi~e Hork), Hydra Hammer. Hand O~erated Mechanical Compactors. Pin Puller~ Portable Heater, Po~er-Broom/Buggy/Grinders, Pum~s-Single Action 1 to ~ znchesZGypsum/Double Action Diaphragm, Hand Trenching Machzne, Helding Machine, ~lass "F": Batching P~an% Generator, Gr~nder, Mi×er, Mu]ch~ng Machine, Oi~er, um~ (Cen±rifugal up to ~ inches), Raot Cu~tar, Sturn~ Chi~per, Oiler on ToNer Crane, Track Tam, er, Tractor, Vibrator, Deckhand onHork Boat. Class "G ": Lead Tec TV Crew. Class" H ": Ne± Out Tec. C~asa" I ": Technician. Boiler O~erator: Page 32 Prevailing Rate Schedule New York State Department of Labor .................................. Case Number .................................. 01003ql SUFFOLK 2000A HAGES (per hour) 7-01-00- 5-31-01 Class "A" ............... $ 35.28~ ~Add $3.50 for Hazardous Naste Nork ~Add $2.50 for Hazardous Haste Class "C" ............. ~Add $1.50 for Hazardous Haste Class " O" ............. Class ' E ' ............. Class ' G" ............. Class ' H Class" I Boiler Operator ......... ~(Cranes : Boom len~thn ov~r- 100 " " 150 " " ' " 250 33.28~ Hork. 30.95~ Hork. 29.78 27.q5 26.27 29.17 29.17 28.00 28.58 0.50 p~r h~ur. f,o, ot a,d,d ~ 0.75 " " $ 1.00 " " " " $ 1.50 " " NOTE: PREMIUH PAY Z0% on straight time hours for NEH YORK STATE D.O.T. and other GOVERNMENTAL MANDATED off-shift ~ork. OVERTIME PAY: See ( B, 0 ) on OVERTIME PAGE. ~See ( 5~ 6, 7, 8, 11 ) on HOLIDAY PAGE.~ ~ ~'~ork day before 8 day after or receive 2 hrs per intermittant day OVERTIME: See ( 5, 6, 7, B, 11 ) on OVERTIME PAGE.~ APPRENTICE ( i ) year terms at the folloNing rates~ 1st yr .................... $ 16.74 2nd yr .................... 17.q2 3rd yr .................... 17.9~ SUPPLEMENTAL BENEFITS: (per hour worked) Journeyman ............... Note:OVERTIME Journeyman. Apprentice ............... Note: OVERTIME Apprentice MARINE CONSIEUUTION HAGES (per hour) Hydraulic Dredge: Class A: Leverman ............. Class B: Engineer ............. Derrick Operator ..... Chief Mate ........... Chief Helder ......... Electrician .......... Fill Placer .......... Assr.Fill Placer ..... 21.9q Note 23.90 13.19 Note 8.qO 10-01-99- 9-30-00 26.68 2~.51 2~.51 25.18 25.80 22.82 25.18 21.29 q-138 Page $3 Prevailing Ra~e Schedule New York S%a~e Department of Labor .................................. Case Number .................................. OlO03ql SUPFOLK 2000A Boa~ mas~er .......... Class C Main±enance Eng ...... Mate ................. Helder Dredge ........ Spider Barge Oper .... Boat Cap~ ............ S~eward .............. Chief of Par~y ....... Class D Deckhand ............. Oiler ................ Fireman .............. Shoreman ............. Rodman ............... Tug Deckhand ......... 22.63 22.67 21.17 22.31 22.12 21.32 21.12 21.17 17.0q 17.69 17.69 17.0q 17.0q 17.26 OVERTIME: See ( B, F, R ) on OVERTIME PAGE. HOLIDAY: PAID: See ( 5, 6. 8, 10, lB ) on' HOLIDAY PAGE. OVERTIME: See ( 5, 6, 8, 10, 1S ) on OVERTIME PAGE. The following SUPPLEMENTAL BENEFITS apply to ALL classifications. SUPPLEMENTAL BENEFITS: Ail Class A 8 B (per hour worked) $ 4.46 ( OVERTIME $ 1.25 EXTRA ) plus 8% of HAGE Ali Class C Ali Class D $ 3.86 ( OVERTIME $ 0.95 EXTRA ) plus 8% of HAGE $ 3.26 ( OVERTIME $ 0.65 EXTRA ) plus 8% of HAGE MARINE CONSTRUCTION HAG,S (per hour) Dipper & Clamshell Dredges: Class A: 10-01-99- 9-50-00 4-25a Page 3~ Prevailing Rate Schedule Ne~ York State Department of Labor .................................. Case Number .................................. 01003~1 SUFFOLK 2000A. Operator .......... $ 26.26 Class B: Operator II ....... Engineer .......... Boat Master ....... Class C: Maintenance Eng... Mate .............. Welder ............ Boat Capt ......... Chief of Party. Class D= Oiler ............. Fireman ........... $cowman ..... . ..... Rodman ............ Tug Deckhand ...... Oeckhand .......... u.oJ 5, 6. B, lo, I See .( SUPPLEMENTAL BENEFITS: Class A & B Class C Class O 21.55 23.12 21.7~ 22.07 20.57 21.72 20.72 20.57 17.39 17.39 16.73 16.73 16.96 16.96 15 ) on Holiday Page. 10, 15 ) on Overtime Page. (per hour Horked) $ q.q6 ( OVERTIME $ 1.25 EXTRA ) PIus 8% of HAGE 8% Of wage $ 3.86 ( OVERTIME $ 0.95 EXTRA ) plus 8% of HAGE $ 3.26 ( OVERTIME $ 0.65 EXTRA ) plus 8% of HAGE q-25/3 STATE OF NEW YORK ~_ BUREAU OF PU BUC WORK DEPARTMENT OF LABOR ~ STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 REQUEST FOR WAGE AND SUPPLEMENT INFORMATION AS REQUIRED BY ARTICLES 8 AND 9 OF THE LABOR LAW Submit this form for new schedules or for determination for additional occupations. Provide all information ttequested Below SUBMn-I~D BY: [] CONTRACTING AGENCY [] PUBLIC WORK DISTRICT OFFICE I DATE (CHECK ONE) [] AI~CHITECTOR ENGINEERINGFIRM A. PUBLIC WORK CONTRACT TO 8E LET BY: (Enter Data Pertaining to Contracting Agency) 1. Name and complete address (number, street, city or town, zip code) n N.Y. State Units [] 01 DOT [] 0z OGS E] 03 DORMITORY AUTHORITY [] 04 STATE UNIVERSITY CONSTRUCTION FUND [] OS ~ENTAL HYGIENE FACILITIES CORP. [] 0~ OTHER N.Y. STATE UNIT n 07 City [3 08 Local School District [] 0g Sbedal Lecnl District, i.e., Fire, Sewer, Water Distrkt [] 10 ¥~age [] 11Tewn [] 12 County [] 13 Other NOn-N.Y. State (Describe) SEND REPt. Y TO (NAME AND ADORESS): TEI:EPHONE: ( ) B. PROJECT PARTICULARS 5. Project TITLE and/or description of work to be performed. Indude contract identification number, if applicable 4. SERVICE REQUIRED. Check appropriate box and provide project informaUon. [] New Schedule of Wages and Supplements. IAPPROXIMATE BID DATE [] Additional Occupation and/or Redetermination IPRC NUMBER ISSUED PREVIOUSLY FOR OFFICE USE ONLY TH~S PROJECT I I 6. Location of Project: Location on Site Route No/Street Address Ydlage or City Town 7. Nature of e~oject- Check One [] 1. New Buffding [] 2. Addition to Existing Structure [] 3. HeavyandHlghwayConctructten(NewandRepak) [] 4. New Sewer o~ Waterline [] 5. Other NewCaflstmctton (Explain) [] $. Other Reconstruction, Maintenance, Repair Or Alteration [] 7. Demolition [] 8. BuiklLngSen4ceContract 9. Name end Title of Requester County 8. ocCUPATION FOR PROJECT [] Construction (Building, Heavy Highway/Sewer/Water) [] Tunnelling [] Residential [] Landscape Maintenance [] Elevator maintenance [] Exterminators, Fumigators Signature [] Guard~,Watchmen [] Janitors, praters, deaners [] Moving furniture and equipment [] Trash and refuse removal [] V~mdow cleaners [3 other (Describe) OFFICE USE ONLY Locality Designations Locality Designations I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I SEE OTHER SIDE FOR LAWS RELATING TO PUBLIC WORK CONTRACTS PW-39 (10-94) STATE OF NEW YORK DEPARTMENTOFLABOR REQUIREMENTS OF ARTICLE 8 (Section 220-223) AND ARTICLE 9 (Section 230 - 239) OF THE NEW YORK STATE LABOR LAW PREVAILING RATE SCHEDULE: The Labor Law requires public work contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with the prevailing practices in the locality where the work is performed. The Department of Jurisdiction awarding a public work contract MUST obtain a prevailing rate schedule from the Bureau of Public Work of the New York State Department of Labor listing the hourly rates for the trades and occupations of the workers to be employed on the public work project. This schedule may be obtained by completing and forwarding the Request for Wage and Supplement Information on the reverse side hereof. The prevailing rate schedule MUST be included in the specifications for the contract to be awarded and is deemed part of the public work contract. Upon the signing of the contract, the Department of Jurisdiction MUST advise the Bureau of Public Work on a form supplied by the Bureau as to the name of the contractor to whom the contract was awarded, the date and the amount of the contract. A "Department of Jurisdiction" includes a state department agency, board or commission; a county, city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire, improvement and other district corporations, a public benefit corporation; and a public authority awarding a public work contract. WITHHOLDING OF PAYMENTS FROM CONTRACTORS: When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or provide the requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235.2 of the Labor Law to so notify the financial officer of the Department of Jurisdiction that awarded the public work contract. Such officer MUST then withhold or cause to be .w~.th.h. eld from any payment due the prime contractor on ac.count of such contract the amount ~nd~cated by the Bureau of Public Work as sufficient to satisfy the unpaid wages and supplements, including interest and any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until a final determination of the underpayment by the Commissioner of Labor or by the Court in the event a legal proceeding for review of the Commissioner of Labor's determination is instituted, v The Department of Jurisdiction shall comply with an order of the Commissioner of Labor or of the Court with respect to the release of the funds so withheld. - Notice to ALL Contracting Agencies- Your attention is directed to the following Amendment to Article 8, Section 220 (3-a) of the NYS Labor Law: Assembly Bill Number 1839, entitled: "AN ACT to amend the Labor Law, in relation to signs posted at public works projects" APPROVED: This bill amends Section 220 (3-a) of the Labor Law to set forth specific requirements for signs at public work locations listing all prevailing wages specified in the contract. The bill mandates that such signs "be written in plain English and titled, in lettering no smaller than two inches in height and two inches in width," with the phrase "Prevailing Rate of Wages.' The bill further requires that the sign by weatherproof. The bill takes effect on March 6, 2000. signed into law on September 7, 1999. Ensuring that workers receive the appropriate wage when working on public work projects is a core mission for the Depatiment of Labor ("Department"). This bill will assist the Department in carrying out this mission by educating workers on public work projects as to the applicable wage and supplements for each project. On the reverse, please find the complete text of the Bill, which contains various other aspects of the law, which affect contracting agencies, contractors and subcontractors working on public work projects. Text of New York Sate 8ill A0]8~9 STATE OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK. R~PR~S~NTED IN SENATE AND ASS£MBLY, DO ENACT AS EOLLOWS: 16 may b~, Ihe~fcee. The contractcx and eve~ sub-cee~act~ ~ ~ 17 ~s~l ~ M a p~t ~~ 18 site (of ~ ~) WHE~ T~ WO~ IS ~D a ~k ~ ~ 21 ~in~. ~ ~ ~ ~ ~ ~ S~ ~D ~A~~ 22 BE ~'~1 IEN IN P~IN ENGLISH A~ T~ ~ ~ ~ S~R THAN ~'0 INCHES IN HEIG~ ~ ~O I~ ~ ~T~ W~ ~ ~ 24 'P~VAILING ~TE OF WAG~' S~H ~D ~A~ S~ ~ ~D EXTLANATION: Marler la ITALIC~ (under-.cored} h ~aew. Maltec ia brad.s LBD04:~941-9 I OF MATERIALS CAPABLE OF WITHSTANDING ADVERSE W~ATHER 9 ex~of~-fi~~~~ ~ commission or bo~d apl~ointod pursuan! lo bw, whos~ du~ k k ~o prq~/e 21 or direct thc prepaz~lkm of the plans and ~ecificafi4x~s for a Ip3bGc ~k ~ I~UILDING TRADES RATIOS (ALPI~ET[CALLY) Title Trade Code Boilermaker (Construction) 15-333 Boilermaker 33-016 Bricklayer, Mason & Plasterer 11-274 Bricklayer-Mason 11-025 Cabinetmaker 44-033 Carpenter t2-037 Cement Finisher or Cement Mason 11-038 Const inspector (Hwy & Traffic Con) 18-504 D~ Wall Taper 14-349 Ele~rical (Outside) Line Worker 17-071 Electridan 17-072 Elevator/Escalator Construction & Modernizer 18-541 Glazier 16-087 InsulaUon & Asbestos Worker 18-006 Iron Worker 15-221 Laborer (See Skilled Construction Craft Laborer) Lather (Carpenter) 14-444 Lather (Wood, Wire & Metal) 14-114 Unoleum & Resilient Tile Layer 16-115 Unoleum, Resilient Tile & Carpet L 16-117 Marble, Carver, Cutter & Setter 11-136 Hillwright 32-143 Op Engineer (Grade & Paving Equip) 18-286 Op Engineer (Heaw Duty Repairer) 18-288 Op Engineer (Heavy Equipment) 18-318 Op Engineer (Universal Equipment) 18-285 Ornamental Iron Worker 15-154 Painter & Decorator 14-156 Painter, Decorator & Paperhanger 14-157 Paperhanger 14-357 Pipefitter 13-176 Plasterer 14-178 Plumber & Pipefitter 13-363 Plumber & Steamfitter 13-181 Plumber (Residential) 13-366 Plumber 13-180 Pointer, Caulker & Cleaner 11-282 Rodperson 89-476 Roofer 15-194 Safety Technician Painting 14-528 Sheet Metal Worker 15-201 Skilled Construction Craft Laborer 18-514 SpdnkJer Fitter 13-334 Steamfitter 13-215 Stone Mason 11-219 Tile Setter 16-226 Tile, Marble & Terrazzo Finisher 16-497 Ratio 1:1,1:4 1:1,1:3 1:1,1:4 1:1,1:4 1:1,1:3 1:1,1:4 1:1,1:4 1:1 1:1,1:3 1:1,1:2 1:1,1:3 1:1,1:2 1:1,1:3 1:1,1:4 1:1,1:6 1:1,1:4 1:1,1:5 1:1,1:3 1:1,1:3 1:1,1:4 1:1,1:4 1:1,1:5 1:1,1:5 1:1,1:5 1:1,1:5 1:1,1:4 1:1,1:3 1:1,1:3 1:1,1:4 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:3 1:1,1:4 1:1,1:3 1:1,1:2 1:1 1:1,1:3 1:1,1:3 1:1,1:2 1:1,1:3 1:1,1:2 1:1,1:4 1:1,1:4 2/4/00 - Please call Apprentice Training Central Office at (518) ,,t~7~-,~O~:ha~e any questions, 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 OT. or ST. ~o~ ~ " ~0 ~ ~ ~ =m Z I do hereby state: 1. That I pay or supervise the payment of the pamons employed by on the ; that during the payroll period commencing on the day of , 20 , and ending the day of , 20 , all parsons employed on said project have been paid the full weekly wages earned (~xcq~. ~ c~,m 10 - front =f that no mbatas have been or will be nmde either directly or indirectly to oron behalf of said contractor, from the full weekly wages earned by any pamon and that no deductions have been made either directly or iodlmcify from the full wages asmed by any pemon other than permissible deductions as defined by Regulations issued by the New York State Department of Labor. If any wages are unpaid, as reported in Column 10 on the f~ont of this form, explain below: 4. That: (a). WHERE FRINGE BENEFIES ARE PAJO TO APPROVED pLANS, FUNDS OR PROGRAMS (c). EXCEPTIONS EXC~P~Ot~ (CRAFT) INAME and TITLE: I SIGNATURE: I The willful falsification of any of the above statements may subject the contractor or sub-contractor to civil or cdminal prosecution. (NOTARY & SEAL) NON-DISCRIMINATION CLAUSE During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. The Contractor will send to each' labor union or representative of workers with which · ne has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Rights, advising such labor union or representative of the Contractor's agreement under clauses "a." through "h." hereinafter called "non-discrimination clauses", and requesting such labor union or representative to agree in writing, whether in such collective bargaining or other agreement or understanding or otherwise, that such labor union or representative will not discriminate against any member or applicant for membership because of race, creed, color, or national origin, and will rake affirmative action to insure that they are afforded equal membership opportunities without discrimination because of race, creed, color, or national origin. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay, or other forms of compensation, and selection for training or retraining including apprenticeship and on-the-job training. Such notice shall be given by the Contractor, and such written agreement shall be made by such labor union or representative, prior to the commencement of performances of this contract. If such a labor union or union representative fails or refuses so to agree in writing, the Contractor shall promptly notify the Commission for Human Rights of such failure or refusal. The Contractor will post and keep posted in conspicuous places, available to employee and applicants for employment, notices to be provided by the Commission for Human Rights setting forth the substance of the provision of clauses "a." and "b." and such provisions of the State's Laws against discrimination as the Commission for Human Rights shall determine. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, or national origin, Seeding of Playing Field M-1 The Contractor will comply with the prevision of Sections 291-229 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the Commission for Human Rights under these non-discrimination clauses as such sections of the Executive Law and will, permit access to his books, records, and accounts by the Commission for Human Rights, and the Owners representatives / counsel for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law. This Contract may be forthwith canceled, terminated, or suspended in whole or in part, by the contracting agency upon the basis of a finding made by the Commission of Human Rights that the Contractor has not complied with these non- discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the' Owner/Contracting Agency until he satisfied the Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non- discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members on the Commission. Such sanctions may be imposed and remedies otherwise provided by law. If this Contract is canceled or terminated under clause "f.", in addition to other rights of the Owner provided in this contract upon its breach by the Contractor, the Contractor will hold the Owner Harmless against any additional expenses or costs incurred by the Owner in completing the work or in pumhasing the services, material equipment, or supplies contemplated by this contract, and the Owner may withhold payments from the contractor in an amount sufficient for this purpose and recourse may be had against the surety on the performance bond if necessary. The Contractor will include the provisions of clauses "a.", through "g." in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within jurisdictional local of the Project being contracted by the Owner. The Contractor will take such action in enforcing such provisions of such subcontract or purchase as the Owner/Contracting Agency may direct, including sanctions or remedies for non- compliance. If the Contractor becomes involved in or is threatened with litigation with a sub-contractor or vendor as a result of such direction by the Contraction Agency/Owner, the Contractor shall promptly so notify the Owner's representatives/counsel, request him to intervene and protect the interests of the Owner (Contracting Agency's jurisdictional area). Seeding of Playing Field M-2 COMPLIANCE WITH THE LABOR LAW AND OTHER DEPARTMENT OF LABOR REGULATIONS A. STATE REGULATIONS: The Contractor shall comply with the applicable provisions of the "Labor Law" as amended, of the State of New York. This Contract shall be void unless applicable sections of said Labor Law are complied with. Each and every provision of law and clause required by law to be part of this Contract shall be deemed to be included herein and this Contract shall be road and enforced as though it were included herein, and, if through mere mistake or otherwise any such provision is not included, then upon the application of either party heroto, the Contract shall forthwith be physically amended to make such inclusion. Specifically, Section 220-E, of the Labor Law, as so amended, prohibits in contracts, discrimination on account of race, creed, color, or national origin in employment of citizens upon public works. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of five ($5.00) dollars for each person for each calendar day during which such pemon was discriminated against or intimidated in violation of the provisions of said paragraph, this Contract may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. B. FEDERAL REGULATIONS: 1. CERTIFICATION OF NONSEGREGATED FACILITIES. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segrogated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, whero segregated facilities aro maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under this control, whero segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agroes that a broach of this certification is a violation of the Equal Opportunity clause in his contract. As used in this certification, the term "segrogated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating aroas, time clocks, locker rooms and other storage or dressing aroas, time clocks, locker rooms and other storage or drossing aroas, parking lots, drinking fountains, rocroation or entertainment areas, transportation, and housing facilities provided for employees which aro segrogated by explicit dirocfive or aro in fact segrogated on the basis of race, croed, color, or national origin, because of habit, local custom, or otherwise. He further agroes that (except whero he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which aro not exempt from the provisions of the Equal Opportunity clause; that he will rotain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except whero the proposed subcontractors have submitted identical certifications for specific time periods): Seeding of Playing Field N-1 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON SEGREGATED FACILITIES. A certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. "During the performance of this contract", the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national odgin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements far employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order No. 11245 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, and regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for the purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Seeding of Playing Field N-2 (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vender. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." FEDERAL PROCUREMENT REGULATIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805.4 Reports and Other Required Information (a) Requirements for prime contractors and subcontractors. (1) Each agency shall require each prime contractor and each prime contractor and subcontractor shall cause its subcontractors to file annually, on or before March 31, complete and accurate reports on Standard Form 100 (EEO-l) promulgated jointly by the Office of Federal Contract Compliance, the Equal Employment Opportunity Commission, and Plans for Progress, or on such form as may hereafter be promulgated in its place, if such prime contractor or subcontractor (I) is not exempt from the provisions of this Sub-part 1-12.8 in accordance with 1-12.804; (ii) has 50 or more employees; (iii) is a prime contractor or first-tier subcontractor; and (iv) has a contract, sub-contract, or purchase order amounting to $ 50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, that any subcontractor below the first tier which performs construction work at the site of construction shall be required, to file such a report if it meets the requirements in subdivisions (I), (ii), and (iv) of this paragraph (a) (1). (2) Each person required by subparagraph (1) of this paragraph to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with subparagraph (1) of this paragraph, or at such other intervals as the agency orthe Director may require. The agency, with the approval of the Director, may extend the time for filing any report. (3) The Director, the agency, or the applicant, on their own motions, may require a prime contractor to keep employment or other records and to furnish in the form requested, within reasonable limits, such information as the Director, agency, or the applicant deems necessary for the administration of the Order. (4) The failure to file timely, complete, and accurate reports, as required, constitutes noncompliance with the prime contractor's or subcontractor's obligations under the Equal Opportunity clause and is a ground for the imposition by the agency, the Director, an applicant, prime contractor or subcontractor, of any sanction authorized by the Order and the regulations in this sub-part. Any such failure shall be reported in writing to the Director by the agency as soon as practicable after it occurs. Seeding of Playing Field N-3 1-12.805.4 Reports and Other Required Information (b) Requirements for bidders or prospective contractors. (1) (2) (3) Each agency shall require each bidder or prospective pdme contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the Equal Opportunity clause; and, if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. The statement shall be in the form of a representation by the bidder or offeror substantially as follows: "The bidder (or offero0 represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein, or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of Executive Order No. 11114; that he ( ) has, ( ) has not, filed all required compliance reports; and that representations indication submission of required compliance reports, signed by proposed subcontractors will be obtained prior to subcontract awards." (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) When a bidder or offeror fails to execute the representation, the omission shall be considered a minor informality and the bidder or offeror shall be permitted to satisfy the requirement prior to award. In any case in which a bidder or prospective prime contractor or proposed subcontractor, which participated in a previous contract of subcontract subject to Executive Orders No. 10925, 11114, or 11246, has not filed a report due under the applicable filing requirements, no contract or subcontract shall be awarded, unless such contractor submits a report covedng the delinquent pedod or such other period specified by the agency or the Director. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the agency orthe Director requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the agency, the applicant, or the Director requests. ( c ) Use of reports. Reports filed pursuant to this 1-12.805.4 shall be used only in connection with the administration of the Order, the Civil Rights Act of 1964, or in furtherance of the purposes of the Order and said Act. Seeding of Playing Field N-4 ( d ) Acquisition of Report Forms. Standard Form 100 is available in all GSA supply depots. Copies of the form may be obtained from GSA through the contracting or administering agency. The stock number for the form is as follows: Standard Form No. Stock Number Title 100 7540-926-2049 Equal employment opportunity employer information report. 1-12,805.4 PROCUREMENT STANDARDS All contracts for construction or repair shall include a prevision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each Contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The Grantee shall report all suspected or reported violations to the Grantor Agency. Where applicable, all Contracts awarded in excess of $ 2,000 for C(~struction contracts and in excess of $ 2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for comp[iance with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 US.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the Act, each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work day of 8 hours and a standard work week of 40 hours. Work in excess of the standard work day or work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic Rate of pay for all hours worked in excess 8 hours in any calendar day or 40 hours in the work week. Section 107 of the act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, ro dangerous to his health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Seeding of Playing Field N-5 Each contract of an amount in excess of $ 2,500 awarded by a Grantee or Subgrantee shall provide that the recipient will comply with applicable regulations and standards of the Cost of Living Council in establishing wages and pdces. The provision shall advise the recipient that submission of a Bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished under a contract or agreement with the Grantee shall constitute a certification by him that amounts to be paid do not exceed maximum allowable levels authorized by the Cost of Living Council regulations or standards. Violations shall be reported to the Grantor Agency and the local Internal Revenue Service field office. Contracts and subgrants of amounts in excess of $100,000 shall contain a provision which requires the recipient to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Grantor Agency and the Regional Office of the Environmental Protection Agency. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contracts terms, and provide for such sanctions and penalties as may be appropriate. All contracts, amounts for which are in excess of $ 2,500, shall contain suitable previsions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. In all contracts for construction or facility improvement awarded in excess of $100,000, grantees shall observe the bonding requirements provided in Attachment B to this Circular. All contracts and subgrants in excess of $10,000 shall include provisions for compliance with Executive Order No. 11246, entitled, "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR, Part 60). Each contractor or subgrantee shall be required to have an affirmative action plan which dectaras that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age and which specifies goals and target dates to assure the implementation of that plan. The grantee shall establish procedures to assure compliance with this requirement by contractors or subgrantes and to assure that suspected or reported violations are promptly investigated. Seeding of Playing Field N-6 COMPLIANCE WITH PROVISIONS OF THE LABOR LAW Pursuant to Article 8 of the Labor Law, the contractor's attention is directed to the following requirements: Section 220.2 which requires a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the emergencies set forth in the Labor Law. Section 220.3 which requires a provision that each laborer, workman or mechanic employed by the contractor, subcontractor or other person about or upon such public work, shall be paid not less than the prevailing rate or wages and shall be provided supplements not less than the prevailing supplements as determined by the fiscal officer. Section 220.3-a also requires that the contractor and every subcontractor on public works contracts shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements as specified in the contract to be paid or provided, as the case may be, for the various classes of mechanics, workingmen, or laborers employed on the work. Section 220.3--e provides that apprentices wil~ be permitted to work as such only when they are registered, individually, under a bona fide program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate rations and wage rates, for the area of construction prior to using any apprentice on the contract work. Section 220-e which requires provisions by which the contractor with the State or municipality agrees: (a) That in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national odgin. (Your attention is directed to the provisions of the State law against Discrimination which also prohibits discrimination in employment because of age); (c) That there may be deducted from the amount payable to the contractor by the State or municipality under this contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; Seeding of Playing Field N-7 (d) That this contract may be canceled or terminated by the State or municipality, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. The aforesaid provisions of Section 220-e which covers every contract for or on behalf of the State or municipality for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. Section 222 which requires that preference in employment shall be given to citizens of the State of New York who have been residents for at least six consecutive months immediately prior to the commencement of their employment; that persons other than citizens of the State of New York may be employed when such citizens are not available; and that if the requirements of Section 222 concerning preference in employment to citizens of the State of New York are not complied with, the contract shall be void. Section 222-a which requires that if in the construction of the public work a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standard Appeals, such appliances or methods shall be installed and maintained and effectively operated by the contractor; and that if the provisions of Section 222-a concerning harmful dust hazards are not complied with, the contract shalt be void. OTHER REQUIREMENTS Every State contracting agency, including Public authorities, must include in each contract paragraphs (c) through (g) of the Standard State Contract Clauses promulgated by the Governor on September 12, 1963 and amended November 14, 1963. Labor classifications not appearing on the accompanying schedule of wages can be used only with the consent of the department of jurisdiction and then the rate to be paid will be given by the department of jurisdiction after being advised by the New York State Department of Labor. The contractor shall make such provision for disability benefits, workmen's compensation, unemployment insurance, social security and safety code provisions as are required by law. General Regulation No. 1, as issued by the State Commission for Human Rights, requires that each contract contains a stipulation that: "It is hereby agreed by and between the parties hereto that every contractor and subcontractor engaged in the public work described in this contract shall post and maintain at each of his establishments and at all places at which the public work described hereunder is being conducted, the Notice of the State Commission for Human Rights indicating the substantive provisions of the Law Against Discrimination, where complaints may be filed, and other pertinent information. Such Notice shall be posted in easily accessible and well lighted places customarily frequented by employees and applicants for employment." The Notice may be obtained from the department having jurisdiction, or from the office of the State Commission for Human Rights in the respective area. You are requested to refer to the Bureau of Public Work all charges of discrimination in employment including discrimination because of age, race, creed, color or national origin. Seeding of Playing Field N-8 CONSTRUCTION SPECIFICATIONS: EEDING OF PLAYING FIELD PECONIC LANE PARK Date: March 14, 2001 DIVISION ONE - GENERAL REQUIREMENTS All work in this Division shall comply with all particulars of the General Conditions and the Supplementary General Conditions of these Specifications. Section 1010 - SUMMARY OF WORK 1.01 WORK COVERED BY THE CONTRACT DOCUMENTS: The work in this project includes the clearing, grubbing & rough grading of topsoil as directed by the Town and the final grading and preparation of the playing field. All excess materials, consisting of roots, vegetation, rocks & debris generated by this project can be deposited at the Southold Town Collection Center at no cost to the Contractor. The work in this project includes a playing field area that is three hundred seventy five (375') feet wide by four hundred fifty (450) feet long. The designated area shall be staked out by the Town and the final grades shall be uniform in slope and approved by the town prior to placement of any fertilizer or seed. The intent of the Contract Documents is for the work to be completed and finished in all respects, including all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution of the work as called for on the drawings, specified herein or as may be reasonably inferred therefrom. This contract includes all site work necessary for the completion of the work as specified by these documents. 1.02 WORK BY OTHERS The following will be provided by other: 1. The Owner will provide and pay for the following: A. All related permits. END OF SECTION Seeding of Playing Field 1010-1 Section 1500 - CONSTRUCTION FACILITIES & TEMPORARY CONTROLS 1.01 1.02 UTILITIES A. TEMPORARY ELECTRICITY: The Contractor shall provide electrical power for the use of all trades during construction and shall pay for all electrical power used. B. TEMPORARY HEAT & VENTILATION: The Contractor shall provide heat and ventilation during construction to prevent freezing of materials, reasonable comfort for the workmen, and proper conditioning for installing finish materials. C. TEMPORARY WATER: The Contractor shall provide a temporary potable water supply for all trades during the construction period. D. TEMPORARY SANITARY FACILITIES: The Contractor shall provide and maintain temporary toilets in accordance with local health ordinances. BARRIERS A. Barricades shall be provided around all excavations and other hazardous areas during construction and shall be maintained and lighted in accordance with Uniform Statewide Building Code and local requirements. END OF SECTION Seeding of Playing Field 1500-1 Section 1600 - SUBSTITUTIONS 1.01 The following requirements are applicable to all proposed substitutions for products specified herein, where such substitutions are allowed. 1.02 CONTRACTOR'S OPTIONS: A. For products specified with the notation of "or equal" or "or approved equal", the Contractor may submit an equivalent product for approval by the Architect. B. For products specified by naming only one product or manufacturer, unless otherwise indicated, the Contractor may submit an equivalent product for approval by the Architect if such a product is available. 1.03 PROCEDURE: A. Requests for substitution shall be submitted with complete data necessary to substantiate compliance with the Contract Documents. Submit physical samples and names and addresses of similar projects on which the product was used when requested by the Architect. B. Submissions shall be made in sufficient time to allow a thorough investigation of the proposed substitutions and no allowance will be made for delay in project completion because of disapproval of proposed substitutions. C. In making request for substitution. Bidder/Contractor represents: 1. He has personally investigated proposed product or method and determined that it is equal or superior in all respects to that specified. 2. He will provide the same guarantee for substitution as for product or method specified. 3. He will coordinate installation of accepted substitution into work making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently becomes apparent. 1.04 APPROVAL OF SUBSTITUTIONS A. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. B. The Architect's decision on the suitability or equivalence of a proposed substitution is final and may be based on the suitability of colors, finishes and outward appearance in addition to the functional aspects of the product. C. Substitutions which require a substantial revision of the Contract Documents will not be considered. Seeding of Playing Fields 1600-1 1.05 SUBSTITUTIONS The Contractor shall be solely responsible for coordinating all changes or additional work required to incorporate approved substitutions into the work, including additional engineering, certification or tests, and no claims for additional cost related to substitution will be allowed. END OF SECTION Seeding of Playing Fields 1600-2 DIVISION TWO - SITEWORK All work in this Division shall comply with all particulars of the General Conditions, Supplementary General conditions and the General requirements of these specifications. Section 2100 - SITE PREPARATION Part 1 - GENERAL 1.01 DESCRIPTION: A. Provide all site preparation work. Limits of work under this contract shall Include a . three hundred seventy five (375') foot by four hundred fifty (450) foot area of the site. B.Related Work Specified Elsewhere: 1. Site Grading & Seeding 2800 1.02 MEASUREMENT & PAYMENT: A. Quantities shall not be measured and payment shall be at the contract lump sum price as indicated on the bid for construction. Part 2 - PRODUCTS - NOT APPLICABLE Part 3 - EXECUTION 3.01 PROTECTION: A. Streets, roads, adjacent property and other works to remain shall be protected throughout the work in accordance with Uniform Statewide Building Code. 3.02 GRUBBING: A. Limits of grubbing shall coincide with the (3?S')x (4s0') area as directed by the Town. B. Remove all stumps, roots, rocks and matted root clusters within the limits of grubbing to a depth of eight (8") inches below grade. 3.03 GRADING: A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. 3.05 DISPOSAL OF EXCESS WASTE MATERIALS: A. Removal of waste material, including unacceptable excavated material, trash and debris may be disposed of, by the Contractor, at the Southold Town Transfer Station at no cost to the Contractor. END OF SECTION Seeding of Playing Fields 2100-1 Section 2800 - SITE GRADING AND SEEDING Part I - GENERAL 1.01 DESCRIPTION: A. Provide finish grading, liming, fertilizing and seeding for the three hundred seventy five (375') foot by four hundred fifty (450) foot sport? playing field including all areas disturbed by grading and construction activities and as specified herein. B. Related work specified elsewhere: 1. Site Preparation 2100 1.02 PRODUCT DELIVERY, HANDLING & STORAGE: A. All seed materials shall be delivered to the job site in unopened containers and shall be protected from moisture. Part 1 - PRODUCTS 2.01 MATERIALS: A. Topsoil shall be that which was grubbed on site, free of stones, lumps, live plants, roots and other extraneous matter. Contractor shall provide additional topsoil as necessary. It shall be fertile, agricultural soil capable of sustaining vigorous plant growth and free of subsoil. B. Ground limestone shall have the following analysis: at least fifty (50%) percent shall pass a 200 mesh sieve, at least seventy (70%) percent shall pass a 100 mesh sieve, and one hundred (100%) percent shall pass a 10 mesh sieve. Total carbonates shall not be less than eighty (80%) percent of 44.8% calcium oxide equivalent, for purposes of calculation, total carbonates shall be considered as calcium carbonate. C. Commercial fertilizer shall have the following composition by weight: nitrogen, ten (10%) percent, phosphoric acid (P205), twenty (20%) percent, potash, ten (10%) percent. The nitrogen shall be thirty (30%) percent minimum (from animal sources, e.g. tankage) and seventy (70%) percent inorganic max. D. Grass seed shall be fresh, recleaned seed of the latest crop, consisting of the mixture specified in conformity with the following standards of seed content. The tolerance for germination shall be those called official and tabulated by the U.S. Department of Agriculture. Seeding shall be performed at a rate of Sixty (60) pounds Per each 10,000 S.F. The seed mixture shall be as follows: 1. 60 % Merit Kentucky Bluegrass 2. 20 % Aurora Fine Fescue 3. 20 % Manhattan II Perennial Ryegrass of approved equal Seeding of Playing Fields 2800-1 Part 3 - EXECUTION 3.01 GRADING: A. The Contractor shall be responsible for grading the site to provide uniform and even playing field surfaces void of holes or other deviations deemed unacceptable by the Town. All transition areas shall be included in the final grading and all slopes shall be within standard tolerances and compacted with uniform levels or slopes between points. 3.02 PREPARATION: A. Topsoil shall be uniformly graded over the entire playing field at a m~nimum thickness of four (4") inches. B. Lime shall be applied at a uniform rate to bring the soil to a Ph of (6.5). C. Fertilizer shall be applied at the rate of two hundred fifty (250) pounds per each 10,000 S.F. and throughly worked into the topsoil. D. Areas shall be firmed by use of a light roller and pre-emergent weed control shall be applied to the area in accordance with the manufacturer's recommendations. E. Finished surfaces shall be raked smooth and even, ready for seeding. 3.03 INSTALLATION: A. Broadcast seed at the rate of 60 pounds per each 10,000 square foot of area in a uniform manner, Sow half of the seed in one direction and the sow the other half in a direction at ninety degrees to the first sowing. B. After sowing, rake seed lightly into soil to a depth of not more than 1/4 inch and then compact sown areas with a light weight roller. C. Immediately after seeding, barricade seeded areas to prevent trespassing. D. Sprinkle with fine spray for 30 days as necessary. END OF SECTION Seeding of Playing Fields 2800-2 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 98 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 30, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids to furnish all labor, materials and ermioment as re,mired for the seedin~ of a soorts olaving field at Peconic Lane Park, Peconic, New York in accordance with the plans and specifications prepared by Town Engineer James Richter. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 98 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 30, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids to furnish all labor, materials and e~luil~ment as re~luired for the seedin~ of a sports plavine field at Peconic Lane Park, Peconic, New York in accordance with the plans and specifications prepared by Town Engineer James Richter. Elizabeth A. Neville Southold Town Clerk p~oN s¥